Domain Names

Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?

This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it registered through eNom in 2004. Solid Host claims that in 2008, a security breach at eNom allowed an unknown interloper (Doe) to steal the domain name and move the registration to NameCheap. Doe also acquired NameCheap's "WhoisGuard" service, a domain name proxy service that masked Doe's contact information in the Whois database. Solid Host contacted Doe and sought the domain name; Doe asked for $12,000, and Solid Host took a pass... more

Reflections on the 20th Anniversary of the Dot-Com

Twenty years ago (Monday) on June 8th, 1989, I did the public launch of ClariNet.com, my electronic newspaper business, which would be delivered using USENET protocols (there was no HTTP yet) over the internet. ClariNet was the first company created to use the internet as its platform for business, and as such this event has a claim at being the birth of the "dot-com" concept which so affected the world in the two intervening decades. There are other definitions and other contenders which I discuss... more

Carlton: ICANN TLD Expansion to “Increase Output, Lower Price and Increase Innovation”

According to the latest update from ICANN related to the introduction of new generic Top-Level Domains (gTLDs), Dr. Dennis Carlton has reiterated that the planned introduction of new gTLDs will not burden trademark owners with additional defensive registrations. Carlton writes: "I conclude that ICANN's proposed framework for introducing new gTLDs is likely to facilitate entry and create new competition to the major gTLDs such as .com, .net, and .org. Like other actions that remove artificial restrictions on entry, the likely effect of ICANN's proposal is to increase output, lower price and increase innovation. This conclusion is based on the fundamental principles that competition promotes consumer welfare and restrictions on entry impede competition." more

Appeals Court Revives the CFIT Anti-Trust Suit Against VeriSign

Back in 2005 an organization called the Coalition for Internet Transparency (CFIT) burst upon the scene at the Vancouver ICANN meeting, and filed an anti-trust suit against VeriSign for their monopoly control of the .COM registry and of the market in expiring .COM domains. They didn't do very well in the trial court, which granted Verisign's motion to dismiss the case. But yesterday the Ninth Circuit reversed the trial court and put the suit back on track. more

New Top-Level Domains Emerging

With all the buzz surrounding new Top-Level Domain (nTLDs) at the last ICANN meeting in Mexico, I am sure many of you have already encountered or read information regarding the latest applications. For those who haven't been staying abreast of the latest, here is a quick review... There are two different general types of TLDs -- gTLDs and ccTLDs. ICANN is now opening the possibility of adding further TLD extensions, which can virtually be anything... more

New Research Finds Over 80% of Domain Names Used by Phishers Are Legitimate Domains

New research from the Anti-Phishing Working Group (APWG) has found that up to 81% of domain names used for phishing are legitimate domains that have been hacked. More specifically, out of the 30,454 phishing domains under observation, only 5,591 domain names (18.5%) were registered by phishers according to APWG. The remaining small percentage of the domains used in phishing belonged to subdomain resellers such as ISPs and other web-based services. more

10,000 Domain Names Pre-Ordered Daily for Likely New Top-Level Domains

Last month Pool.com and Quintaris started a joint project to let consumers pre-order – without cost – domain names in new generic Top-Level Domains (gTLDs) for which ICANN will likely get an application. Latest stats released from the group is showing strong demand -- about 10,000 per day in the first month of the program... more

Blame Yourself, Not ICANN

Domain name owners have traditionally complained that ICANN does not listen to us, and there is indeed plenty of evidence demonstrating the group’s obliviousness to community input. Nevertheless, as domain owners, we need to begin giving ourselves a share of blame too. It’s time to reflect on our failures so we can come up with an actionable solution... more

EU Calls For Full Privatization of ICANN, Commissioner Calls Sept 30 Moment of Truth

In a video posted on her website this morning, Viviane Reding, EU Commissioner for Information Society and Media, has called for greater transparency and accountability in Internet Governance. She outlines a new Internet Governance model which includes a fully private and accountable ICANN, accompanied by an independent judicial body, as well as a "G12 for Internet Governance" -- a multilateral forum for governments to discuss general internet governance policy and security issues... more

Another Attack, Another Reason for the Urgency of DNSSEC Adoption

News broke this week about an attack in Puerto Rico that caused the local websites of Google, Microsoft, Yahoo, Coca-Cola, PayPal, Nike, Dell and Nokia to be redirected for a few hours to a phony website. The website was all black except for a taunting message from the computer hacker responsible for the attack... more

ICA to ICANN: The IRT Must Open Up Or Be Stripped of Official Status and Support

On April 21st the Internet Commerce Association submitted a formal request to Mr. Frank Fowlie, ICANN Ombudsman, requesting an immediate investigation of the non-compliance of the Implementation Recommendation Team (IRT) with applicable provisions of ICANN's Bylaws. The IRT was created by a March Resolution adopted by the ICANN Board during its Mexico City meeting, and was charged with proposing "solutions" to the concerns of trademark holders. Unfortunately, the IRT has chosen to operate in a non-transparent manner... more

In Support of ICANN’s New Trademark Protection Rules (Mostly)

Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more

Domain Name Registries Must Do More to Protect Highly-Trafficked Domains

With the recent attacks against high-profile New Zealand domain names including Coca-Cola.co.nz and F-Secure.co.nz, fingers are naturally pointing to Domainz, the registrar of record for these domains, as the party responsible for this lapse in security. While domain name registrars certainly need to ensure the security and stability of their systems, domain name registries must also step up and take responsibility for mitigating risks posed by hackers... more

TLD Rights Protection Mechanisms

Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more