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It was reported that .XYZ, .CLUB and .VIP have obtained official license from the Chinese government. The approval notices can be found on the website of the Ministry of Industry and Information Technology ("MIIT"), the domain name regulator in China. It is the first batch of overseas top-level domains (TLD) being officially approved. Previously, only two legacy TLDs -- .COM and .NET -- have been issued such approval. The "green light" means that Chinese registrars are able to sell these domains legally in China. more
Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied... more
I've discussed the role of the Internet in creating and propagating lies in a previous post, noting that Donald Trump lied more frequently than Hillary Clinton or Bernie Sanders during the campaign. Now let's look at fake news like the claim that Pope Francis had endorsed Trump. The fake post features the following image and includes a "statement" by the Pope in which he explains his decision. more
October 2016 marks a milestone in the story of the Internet. At the start of the month, the United States Government let its residual oversight arrangements with ICANN over the operation of the IANA lapse. No single government now has a unique relationship with the governance of the protocol elements of the Internet, and it is now in the hands of a community of interested parties in a so-called Multi-Stakeholder framework. This is a unique step for the Internet and not without its attendant risks. How did we get here? more
AFNIC, the domain name registry for .rf (France), recently conducted a study of major trends for "Legacy gTLDs" or traditional TLDs such as .biz, .com, info, etc., as well as country code TLDs corresponding to territories such as .de (Germany), .fr (France), and .uk (United Kingdom). The new TLDs have note been included in this study since they are still something of a "new development", but will be included in the future, AFNIC says. more
Google has recently announced the release of Nomulus, its free, open source registry software, triggering discussion of its impact on the industry. Afilias has over 15 years of experience in registry operations, and offers the following initial thoughts... First, free registry software is not new.CoCCA has offered this option for years, and TLDs such as .CX (Christmas Island) and .KI (Kiribati) use it. It is supported on a "best efforts" basis and appears to meet the limited needs of a few small operators. more
Of all the patently false and ridiculous articles written this month about the obscure IANA transition which has become an issue of leverage in the partisan debate over funding the USG via a Continuing Resolution, this nonsense by Theresa Payton is the most egregiously false and outlandish. As such, it demands a critical, nearly line by line response. more
The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or service mark in which the complainant has rights." It's unusual for a complainant to fail on this first of three prongs, but one recent case demonstrates just how uncertain the UDRP can be sometimes. more
Like it or not, new gTLDs are here and they're here to stay. If it is still common to read that the ICANN new gTLD program was a failure and few users are using new domain names, numbers show the opposite. I recently read very rude critics addressed to new gTLD applicants but surprisingly, critics often come from ".com" investors and my understanding of this is that new domain names lower their margins ...since the domain name offer is now larger. more
eco, which is the largest internet industry association in Europe, is holding a virtual meeting later this month to discuss Brexit. The meeting, which is scheduled for July 27th at 1200 UTC, will be the first of several dialogues among industry to discuss the potential impact of the UK's exit from the EU on the domain name industry. As I mentioned in a recent post, the exit of the UK from the EU has an "unknown" impact on how domain name registries and registrars will interact with UK based registrants. more
Domain name registration is a hot industry. Registrars represent a growing multi-billion dollar industry with the keys to the Internet for any organization hoping to have a web presence. Further, because of their role as one of the gatekeepers to the Internet, registrars have the unique ability and are often asked to take action against illegal activity online. This fact was highlighted in the report released this week by the Office of the U.S. Trade Representative, the 2015 Out-of-Cycle Notorious Markets List. more
In a development that few people will notice but is interesting to us domain geeks, Apple is in the process of retiring its news.apple.com domain in favor of apple.news. Apple is not going to shed light on why it is making this migration. I suspect that anything to take traffic off the .com domain is never a bad idea. Perhaps Apple has a long-term vision for making its News app web-accessible (instead of locked within an app). more
On 24 August, fifteen applicants for the .corp, .home, or .mail (CHM) new gTLDs sent a letter to the ICANN Board asking for action on the stalled process of the their applications. This points to the answer for the question I asked in march of this year: Whatever happened with namespace collision issues and the gTLD Round of 2012. As the letter from the applicants indicates, ICANN has done little to deal with issues concerned with namespace collisions in the last 2 years. Is it now time for action? more
Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more
ICANN's new gTLD expansion is really quite an ingenious ploy to grow the once small California non-profit into an unstoppable machine, worth hundreds of millions of dollars, which soon plans to finally be free from any external oversight. I have no doubt that ICANN pats itself on the back for pulling the wool over so many eyes, including stakeholders, new gTLD applicants, politicians, and the global general public. more
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