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In another blog post, I wrote about the sometimes confusing circumstances in which domain name dispute panelists will consider supplemental, or additional, filings from the parties (in addition to a complaint and response) in cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). I quoted the WIPO Overview, which states, in part, that supplemental filings may be appropriate where a party can "show its relevance to the case and why it was unable to provide that information in the complaint or response." more
A typical proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) consists of a complaint and, sometimes, a response. UDRP Rule 12 makes clear that "further statements or documents from either of the Parties" are appropriate only if "the Panel... request[s], in its sole discretion." In practice, however, such supplemental or additional filings are not uncommon, with the leading UDRP service providers - WIPO and the Forum - issuing guidance about when they may be appropriate. more
The merits of a Registry Service Provider accreditation programs have been debated across the Domain Industry since the most recent round of Domain Name Registries were introduced starting in 2012. This post discusses the early reasoning in support of an accreditation program; changes in the policy considerations between 2012 and now; the effects of competition on the landscape; a suggestion for how such a program might be implemented; and why such a program should be introduced now. more
Earlier this month, Andrew Allemann wrote a post on notable NameJet sales in which he discusses the sale of PropertyRehab.com for $2,400 as "a perfect example of how wrong some domain registries are on their premium pricing." He mentions that the registry operator for the .rehab new generic top-level domain (new gTLD), has marked property.rehab as a platinum domain name and asks: "Why would someone pay thousands (or tens of thousands) a year for Property.rehab when they could buy PropertyRehab.com for just $2,400?" more
This post provides an overview from The First Half of 2016 infographic, reflecting on some of the intriguing highlights of the new gTLD industry. The data analyzed within the infographic is based on the following: Revenues are based on the average retail price over four registrars (101domain, eNom, GoDaddy and United Domains) at the end of June 2016; Top three TLDs launched in 2016 are based on TLDs entering into General Availability after January 1st and based on volumes and not revenues ... more
This week marks the first birthday of the general availability of dotSucks domain names. It has been a year notable for both heat and light, adding up to a set of insights relevant for any new gTLD... Be clear about who you serve and use their vocabulary (not domain name industry jargon) to tell them about it. Engage in marketing... Emotional resonance is more effective than even overwhelming facts-and-figures. The right story helps people see themselves in you. more
The current policies for .eu domain name registration restrict registration to organisations, businesses and individuals that meet certain criteria. In order to get a .eu domain name you need to be resident within the EU, Norway, Iceland or Liechtenstein. This is laid out in the current policy... Post-Brexit it is unclear whether UK registrants will still qualify to hold their .eu domains. more
A dispute policy for the new '.bible' top-level domain name requires panelists who agree to hear cases to affirm that they "enthusiastically support the mission of American Bible Society" and that they "believe that the Bible is the Word of God which brings salvation through Christ." The DotBible Community Dispute Resolution Policy appears to be the first domain name dispute policy that requires panelists to take a religious oath - or, for that matter, an oath other than anything related to maintaining neutrality. more
In the last three years, almost 1,000 new generic top-level domains (new gTLDs) have entered the market, increasing the previous 22 options for generic domain name extensions, like .com, .net and .org, by almost 5,000 percent. While expanded choice can be good for consumers, small businesses and website owners may be overwhelmed by the many different options and have a lot of questions about which domain extension is right for them or their brand. Recently I spoke with editors at WIRED about what their readers should ask themselves when determining how to choose the right domain name and it came down to the following seven key questions. more
Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more
No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more
First of all, I am biased. I am a common sense thinker who tries to analyze risk and reward based on societal trends and conventional wisdom. Watching the new gTLDs (generic Top Level Domains) launch over the last 2 years reminds me of the circus we are now seeing in the U.S. election. Myself, a self-proclaimed libertarian, can now be labeled as the establishment, while the so-called "outsiders" act and behave like they are not politicians yet seem to be masters of messaging and propaganda. more
Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more
Would you like to hear about how to treat your psoriasis? Where to get a cheap oil change? How to flatten your belly? Achieve a stronger sexual life? Cheap toner? Annuities? Herpes? Bed bugs? Free energy? Varicose-Veins? Herpes? Saggy skin? Arthritis? Overactive bladder? Drug addiction? Herpes? No? Well, that's too bad, because that you are going to hear about it whether you like it or not. Many of the messages about these and other subjects are being carried to you via new gTLDs. more
According to the latest report from The World Intellectual Property Organization (WIPO), trademark owners filed 2,754 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) with the agency in 2015 - an increase of 4.6 % over the previous year. more
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