Domain Names

Take Down Order by California Court Raises Issues of Censorship and Free Speech

The internet is abuzz with commentary about a recent case in the United States District Court for the Northern District of California concerning the web site wikileaks.org, a "website dedicated to leaking documents that are "anonymous, untraceable, uncensorable." Time Magazine allegedly described the site by stating that it "could become as important a journalistic tool as the Freedom of Information Act." The case certainly raises important issues concerning First Amendment Rights, censorship and freedom of speech. The case involves the alleged posting of private internal documents of Bank Julius Baer & Co and its bank customers... more

UDRP: The Liabilities for the Corporations and/or their Lawyers

This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more

Typosquatting: A Solution

Typosquatting's negative effect on the surfing experience can be easily eliminated, and in a way that allows all parties to make money. What's called for is an affiliate program. You would not be happy if you typed a domain name into your browser and wound up in nowhere land because of a simple misspelling. That's the negative surfing effect of typosquatting... more

The Front Running Class Action Suit

In a recent press release, Los Angeles law firm Kabateck Brown Kellner says it's filed a class action suit against Network Solutions and ICANN for front running. (If you tuned in late, NetSol admits that if you query a domain name on their web site, they will speculatively register it so that it's only available through NetSol for five days, at their above market price.) This is a very peculiar suit... For one thing, it's hard to see how the total class damages would be large enough to be worth a suit... more

If the Number ‘5’ License Plate is Worth $6.8 Million, What is Your Domain Name Worth?

The number "5" license plate sold for $6.8 million dollars in Saudi Arabia and another 300 vanity plates sold for another $56 million at last week's auction. It is estimated that the number "1" will be auctioned next month for up to $20 million dollars. Domain names and license plates share some common characteristics. Both allow only one person to own a particular word or number. Of course, the exact same license plate 'word' or 'number' can be registered in every country and, in the USA, every state... more

Is China Preparing to Go its Own Way with its Own Internet Root?

Interesting things happening in China. An article in the English edition of the People's Daily on line is headlined, Decimal network security address begins operation: "China's decimal network security address was officially launched. China has made a fundamental breakthrough in its Internet development; and actual use has been successful. The birth of decimal network technology makes China the only country able to unify domain names, IP addresses and MAC addresses into the text of a metric system..." Someone asked whether this was a rumored IPv9? It appears IPv9 is a project name, not a new protocol. It lumps together several activities, including at least... more

Are Domain Names Recession-Proof? Probably Not, Next Question?

I didn't see the Fortune article Are domain names recession proof until the weekend, and being the author of the now infamous Domain aftermarket overdue for an asset repricing last year I feel somewhat obligated to comment on it. So, how will domain names fare in a recession? The Fortune article was upbeat... more

The Single-Letter Domain Trademark Game

Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more

Examining Actual State of IPv6 Deployment

There have been quite a number of recent articles about various IPv6 issues. Thus the question: how far along is the actual IPv6 deployment? This is a quick-and-dirty survey that focuses mainly on the content provider side. What domains were surveyed? Alexa offers country depended TopSites listings. Domains listed are frequently visited by users from that country, not necessarily hosted there... more

Domain Front Running by Registrars Continues to Draw Attention

In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more

12 Common Mistakes Made By Bad Faith Cybersquatters

Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more

The Closing Window: A Historical Analysis of Domain Tasting

I wrote this history and analysis of domain tasting for the ICANN Business Constituency membership. It's by no means perfect but I thought I'd share it with those who would like a bit more color on the subject. "Present day 'Domain Tasting' has its roots in 2001 and 2002 when a small group of ambitious domain registrants persuaded two registrars to allow them to register large blocks of domain names for the purpose of establishing which names garnered type-in traffic..." more

Remarkable Internet History: Equifax Invented .COM in 1975

Once in a while, one comes across a new take on history that challenges everything you thought you knew. If you're the type who engages in bar bets with geeks, then this one is a certain gem. In 2001, Equifax submitted to the USPTO a sworn application to register a curious trademark, which eventually issued in 2004 with this data... Aside from the fact that Equifax has never actually held registration of the domain name efx.com, the truly outstanding fact here is that Equifax and/or its attorney has actually sworn to the United States Government that it was using "EFX.COM" as a mark for the provision of providing educational seminars via the internet since February 1975... Until now, I had imagined that Jon Postel added .com to the root in 1985. more

How Rampant is Cyber & Typo Squatting? Just Ask WIPO After Reviewing Wipo.com!

How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more

The Internet Running Out of Everything?

We know that the Internet is running out of IPv4 addresses and that some in our community check twice a day Mat Ford's doomsday clock or spend an hour once a week reading the tea leaves based on Geoff Huston's exhaustive data compiled at Potaroo. Like with global warming, there is still a school of thought out there arguing that this running out of IP addresses is just fear mongering and that we are not really running out of IPv4 addresses as a NATted world is more than adequate to run the Internet for the foreseeable future. We know that the Internet is running out of AS... more