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A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more
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
Why is so much fear being created in the name of protecting trademark owners? Say, if ICANN allowed some third party a generic Top-Level Domain (gTLD) called .panasonic will the sky fall? No, not at all, as Panasonic, the true and rightful TM holder will hit the unauthorized gTLD with a 2x4 and no judge would oppose issuing a cease-and-desist order. Now the other question is... 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
ICANN's mission, and the avoidance of "mission creep", is currently the subject of intense debate in the Internet community. Multiple cross-community working groups are dealing with the proposal by an agency of the United States government, NTIA, to give up the last vestiges of its control of the IANA function. Many of the new organizational structures under consideration purport to deal with ICANN's expanding mission. more
ICANN recently commissioned a report from a domain auction company to see whether it would be a good idea to auction Top-Level Domains (TLDs) that have multiple applicants. Remarkably, the domain auctioneers came to the conclusion that auctions are a great idea, which they surely are for some people. But are they a good idea for ICANN? And if ICANN admits they can't evaluate competing applications on their merits, how can they keep the process from turning into another speculative land grab? more
The CFIT vs. VeriSign et. al. lawsuit had another day in court today. ...The key point coming out of a hearing today (Friday, June 09, 2006) in front of U.S. District Court Judge Ronald Whyte in San Jose, California is that the arguments made by CFIT against the .com deal between ICANN and VeriSign will continue. ...There was one moment of some drama. After lawyers for VeriSign and ICANN both argued that the 7 percent price increases without the need for justification would not be a violation of anti-trust law, Judge Whyte asked the lawyer for ICANN if it would be an anti-trust violation if VeriSign had been granted an annual 100 percent increase. The lawyer said, "no." Other lawyers for other matters sitting in the audience seemed to shift uneasily... more
Last month, in a much heralded international event, the agreement that ICANN held with the United States Department of Commerce was permitted to lapse and so ICANN became an independent manager of the Internet's addressing system. While some argued that the organization was not "ready" for the transition, the majority of ICANN's multi-stakeholder community, including Afilias, agreed that sufficient accountability measures were in place to ensure that ICANN remains a responsible (and responsive) international organization. more
Many of us have noticed there will soon be a new CEO at ICANN. Actual CEO Rod Beckstrom will be thanked and everyone will congratulate each other...(in English :-). OK, done... But what is really going to happen in Prague? more
After two decades of involvement with ICANN, I am stepping down from the Board of Directors, where I served for nine years. I have spent considerable time of late reflecting on the past 20 years, and I have isolated some memories that help frame my time with ICANN. ... November 2000, ICANN07 in Marina del Rey, California - With only a scant idea of what ICANN is all about, I am warmly welcomed by the flag-wearing country code top-level domain (ccTLD) community, who come to ICANN to ensure that nothing happens to affect the independence of ccTLDs... more
EFF and 26 other organizations, including Wikimedia Foundation, Public Knowledge, National Council of Nonprofits, YWCA and YMCA, sent a letter today to the Internet Society (ISOC), urging it to stop the sale of the Public Interest Registry (PIR) -- operator of .ORG top-level domain -- to private equity firm Ethos Capital. more
Antony Van Couvering from names@work writes that ICANN's constituencies are a "bad idea". While I am not sure to agree with him on the general principle, he makes some interesting remarks. Among others, he points out that the Generic Names Supporting Organization (GNSO) includes groups that seem to be redundant (the Business and Intellectual Property constituencies) and others like domainers which are not represented in the ICANN arena, yet are an integral part of the domain name business... more
ICANN agrees to remove price caps on .org domain names in the new agreement with the operator of the top-level domain, Public Interest Registry (PIR). The decision follows controversies around the move, which included objections from registrants, non-profit entities, charities, religious organizations and others. more
The recent adoption at the end of December of the new EU Directive for a high level of cybersecurity across the Union -- commonly referred to as "NIS2" - paved the way for important updates to the domain name system (DNS). Most significantly, Article 28 of NIS2 and its related recitals resolved any ambiguities about the public interest served by a robust and objectively accurate WHOIS system that permits legitimate access by third parties to data... more
When all you have is a hammer, everything appears to be a nail. The generic Top-Level Domains (gTLDs) are not just about trademark filing and battle posturing or cyber-squatting. They are about the potential to create unusual global intellectual properties offering multiple opportunities for rapid image expansion and - most importantly - the achievement of market domination via name identity. more
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