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Many law firms and Intellectual Property departments in charge of managing brands and domain names for their customers or businesses must have had that same question: "how do I protect a brand online under the ICANN new gTLD program?" The first potential answer that is usually offered up to an enquirer is: "the Trademark Clearinghouse does that". As time goes by, and the rules under which the Trademark Clearinghouse operates are better defined and understood this answer becomes clearly fallacious. more
In a very casual and low-key footnote over the weekend, ICANN announced it would be further bypassing the Affirmation of Commitments and ignoring the WHOIS Review Team Report. There will be no enhanced validation or verification of WHOIS because unidentified people citing unknown statistics have said it would be too expensive... As a topic which has burned untold hours of community debate and development, the vague minimalist statement dismisses every ounce of work put in by stakeholders. more
In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to completely collapse between September 2012 and December 2012. Following December 2012, ICANN seems to stop responding to or processing any complaints. It is around this time certain compliance employees start disappearing. This was not limited to the Sydney office as some would have us believe... more
ICANN has opened the Generic Names Supporting Organization (GNSO) Whois study on privacy/proxy abuse for public comment. Performed by the National Physical Laboratory (NPL), this study is one of many commissioned by the GNSO to examine the current, disparate, and often maligned registration directory service, and aims to measure the hypothesis that "a significant percentage of the domain names used to conduct illegal or harmful Internet activities are registered via privacy and proxy services to obscure the perpetrator's identity." more
At the recent Anti-Phishing Working Group meeting in San Francisco, Rod Rasmussen and I published our latest APWG Global Phishing Survey. Phishing is a distinct kind of e-crime, one that's possible to measure and analyze in depth. Our report is a look at how criminals act and react, and what the implications are for the domain name industry. more
As we draw closer to the first new gTLD registry launch, many companies are beginning the arduous task of developing their new gTLD registration and blocking strategies. And after speaking with dozens of clients, I can tell you that the planned approaches are ranging from very minimal registration and blocking strategies for one or two core brands, all the way through to registrations of multiple brands in every single new gTLD registry. more
In a story ran by the New York Times over the weekend, the viability of introducing hundreds of new top-level domains in the market has been criticized by individuals including Esther Dyson, a technology investor who served as the founding chairwoman of ICANN. Dyson likens ICANN's plan for the introduction of new gTLDs to creating derivative-like businesses on Wall Street that have no value. "You can charge people for it, but you are contributing nothing to the happiness of humanity." more
Back on February 4, 2013, I wrote a CircleID post entitled 'How the registrar Cash Flow Model Could Collapse with New ICANN gTLDs.' My key point back then was this: new gTLD applicants need to be mindful of how the cash flow policies of their registry (and of their back-end service provider) could impact whether their TLD is actively promoted by ICANN registrars... registries have historically assumed near-zero risk. This is going to change. more
ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries. more
Over the last 5 years, hacktivists have continued the practice of redirecting well-known domain names to politically motivated websites utilizing tactics such as SQL injection attacks and social engineering schemes to gain access to domain management accounts -- and that, in and of itself, is not surprising. But what IS surprising is the fact that less than 15% of the 500 most highly trafficked domains in the world are utilizing Registry Locking. more
This article is a copy of a letter sent today, 3 of April 2013, to the attention of Mr Fadi Chehadé, CEO of ICANN and other members of the ICANN board. Protecting wine Geographical Indications in the new gTLD program is a problem. This letter is also an article providing hints for the protection of Wine Geographical Indications in the ICANN new gTLD program. more
Over this past week both Namejet.com and Godaddy.com ran auctions of re-branded ccTLD's and I think the results are a preview of what's to come for new gTLD's that attempt the same strategy. Namejet.com ran an auction of .PW single character domain names; single letter domains and single numbered domain names. Arguably single letter and single numbered domains such as; o.co, 8.asia, and z.com, are some of the most valuable inventory any registry will ever have, especially in the new gTLD world when two letter domains are going to require ICANN approval. more
Yesterday, a decision on a string confusion objection was reached by a dispute resolution provider that resulted in a scenario that ICANN and the Applicant Guidebook had not addressed - conflicting opinions have been rendered by expert panelists ruling on the exact same pair of strings. One of our applications now hangs in the balance. The expert panelist for the International Centre for Dispute Resolution (ICDR) assigned to decide the string confusion objection filed by VeriSign against United TLD's .CAM application, issued a decision sustaining VeriSign's objection that .CAM and .COM are confusingly similar. more
The first four new Top Level Domains (TLDs) have signed contracts with ICANN, known as Registry Agreements, to allow the applicants to operate new TLDs on the Internet. This is a historic event and marks the first of many new Registry Agreements which will be signed over the coming months as prospective new TLD operators complete the Initial Evaluation phase, pre-delegation testing, and finally sign Registry agreements. more
Having a single price index for the domain name industry would be worse than useless. Such an index is presented in a recent study by Thies Lindenthal. The index is intended to be a benchmark for domain owners and investors. But it's out of line with other studies and the common sense of how a market operates. A much better barometer to follow is average prices for groups of domain names with similar characteristics. more