Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more

60 Minutes Investigates Cybersecurity and the Reality of Sabotaging Critical Infrastructure

CBS's 60 Minutes aired a special report last night investigating how hackers can get into the computer systems that run crucial elements of the world's infrastructure, such as the power grids, water works or even a nation's military arsenal. From the report: "At the Sandia National Laboratories, Department of Energy security specialists like John Mulder try to hack into computer systems of power and water companies, and other sensitive targets in order to figure out the best way to sabotage them. It's all done with the companies' permission in order to identify vulnerabilities. In one test, they simulated how they could have destroyed an oil refinery by sending out code that caused a crucial component to overheat." more

Goo Goo Goggles: 700MHz Spectrum Auction and the U.S. Taxpayers

Scott Cleland claims the open access rules on 700MHz spectrum triggered by Google's bid fleeced the US taxpayer by $7bn. I don't buy it, even as a signed-up fully-paid network neutrality opponent. Firstly, the numbers ignore economics. If the C block was encumbered, that would raise the prices of the A and B blocks. So you need to take a much smaller differential as to the cost of the encumbrance. more

Are Click Fraud Numbers Being Exaggerated by the Traditional Media?

As you certainly noticed, a lot of traditional media has recently been focusing on click fraud. Is it as big of an issue as it is made out to be, compared to traditional advertising? Unfortunately Eytan Elbaz of Google will not answer this question with statistics, but he lets us know that Google has the problem under control. Here are some notes based on the Click Fraud Session at the Targeted Traffic Conference in Hollywood, Florida last week. more

UDRP Complaint: Actually, a Motion for Summary Judgment

Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more

A Case for Dot-Outlet TLD

This post outlines the correct use of an outlet strategy, points out the value of such a strategy, and the advantages of executing the strategy through a new ICANN top-level domain (TLD) instead of a second-level domain name. Some companies need to signal a brand name with low prices and quality/utility, whether the strategy is for a primary or secondary corporate brand. A successful strategy has to explicitly include lower price and quality. Otherwise, with only a lower price, a brand owner would cannibalize the main brand and cause damage to brand equity. more

ICANN’s Allocation Method for New TLDs

ICANN recently commissioned a report from Power Auctions LLC to investigate the merits of auctioning new Top-Level Domains (TLDs). Below I outline some of the issues related to stakeholder interests and mechanism design... Successfully managing the design of an allocation mechanism for new TLDs will entail coordinating functions across various competencies. To rely on a standard auction mechanism for the allocations would be a historic setback for the domain name industry, as successful allocation design is all in the details. more

Cord-Cutting on Continued Rise - New Findings Suggest Quarter of US Households Now Without Cable

One-Quarter of US Households Live Without Cable, Satellite TV Reception, according to new GfK Study: "New findings from GfK show that US TV households are embracing alternatives to cable and satellite reception. Levels of broadcast-only reception and Internet-only video subscriptions have both risen over the past year, with fully one-quarter (25%) of all US TV households now going without cable and satellite reception. more

ICANN’s New gTLD Process: Hype and Reality

At its 32d International Junket Meeting last week, ICANN's Board approved the GNSO Council's recommendations for the eventual addition to the root of new generic top-level domains (gTLDs). This means that eventually, when the staff drafts, community comments upon, and Board approves implementation processes, those with deep pockets will have the opportunity to bid for new TLD strings... more

3 Processes That Ensure IoT Cybersecurity Compliance

IoT devices have ingrained themselves into almost every aspect of modern life. From home assistants to industrial machinery, it's hard to find a device that isn't connected to a network and gathering data. Despite widespread adoption, IoT cybersecurity compliance remains surprisingly low. A big reason for this is the unique challenges IoT devices pose to operators. more

The Story of Conficker and the Industry Response

On November 2, 2009, Microsoft released its seventh edition of the Security and Intelligence Report (SIR). The SIR provides an in-depth perspective on the changing threat landscape including software vulnerability disclosures and exploits, malicious software (malware), and potentially unwanted software. Using data derived from hundreds of millions of Windows computers, and some of the busiest online services on the Internet, this report also provides a detailed analysis of the threat landscape and the changing face of threats and countermeasures and includes updated data on privacy and breach notifications. The following is an excerpt from the SIR, pp 29-32, about the Conficker worm and the industry response that showed an incredible amount of collaboration across vendors. more

Report on Today’s State of DNS Services

The Domain Name System, or DNS, has come a long way since its early days and the constant expansion of consumer activity and security concerns has raised further awareness about the critical role of the DNS. However, as the Yankee Group Research points out in a recent report, "there are more changes coming that are also raising the profile of DNS -- notably the move to cloud computing and the migration to IPv6." Suffice to say this is "Not Your Father's DNS". The report titled, "DNS: Risk, Reward and Managed Services" takes a fresh look at today's state of the DNS and the pros and cons of in-house, ISP and managed service provider DNS management options. more

Can SpaceX Launch 30,000 Second-Generation Starlink Satellites? Maybe

The bottom line is that success is not guaranteed, but neither is failure -- there is a non-zero probability of success. On May 26th, SpaceX applied for permission to launch 30,000 "second-generation" Starlink broadband Internet satellites. (Note that the software on Starlink satellites is updated about once a week). The application narrative states that the second-generation satellites will be configured... more

Have New Domains Had Our Twerking Moment?

There's a lot of .buzz about Google's new holding company, Alphabet. From .NYC to .London to .Tokyo the "new Google" story is making .news everywhere, as the .media large and small speculates on what it means for the .online and .tech industries, and beyond. After all, as one of the .top brands and companies in the .world, when Google makes a move it can have .global impact. more

2012 Security Predictions: APT’s, Mobile Malware and Botnet Takedowns

As the weeks remaining in 2011 dwindle and 2012 peaks out from behind the last page of the calendar, it must once again be that time of year for purposeful reflection and prediction. Or is that navel gazing and star gazing? At the highest level of navel gazing you could probably sum up 2011 with one word -- "More"... But let's put that aside for now. What does 2012 hold in stall for us? more