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Trademarks for TLDs

The United States Patent and Trademark Office (USPTO) has recently circulated proposed examination guidelines to allow the USPTO to begin providing Trademark Protection for Top Level Domains (TLDs). This is an important new development. TLDs today are currently ineligible for Trademark protection on the basis that they do not constitute a source-identifying mark. The USPTO is currently in the process of rectifying this situation by extending Trademark protection to Registry Service providers and has released its proposed examination procedures for that purpose. However, there are some very concerning elements to their proposed examination guidelines. more

What New gTLD’s Can Learn From Namejet .PW Auctions & Godaddy’s .LA Auction This Week

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

ICANN Must Now Decide String Similarity Question

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

Name Collision: Why ICANN Is Looking at It the Wrong Way (Part 1)

ICANN has, once again opened up a veritable can of worms, with their latest decision on the 'horrors' of Name Collision. While we are sure that ICANN and the Interisle Consulting Group have very good reason to make the decision that they have - delaying the delegation of several TLDs - we believe that the findings contained in Interisle's report do not give sufficient cause to delay the new gTLD program in the manner proposed by ICANN staff. more

I Had a Dream: ICANN Has 2 Billion Reasons to Support Developing Countries

Last week, the 50th anniversary of Rev. Martin Luther King's famous "I have a dream" speech was marked with much fanfare. Well, I too had a dream the other day, almost two weeks ago. I dreamt I was in a conference. Which is no news. The conference was an ICANN-sponsored conference. No news there either; I've been to many ICANN meetings. And it was on food security! An ICANN-sponsored conference on food security? more

First Four Registry Agreements Signed for New TLDs

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

ICANN 47: Policy Debates and Cautious Optimism

A strange feeling came over me after I got home from ICANN 47 in Durban, something I haven't felt after an ICANN meeting before. The feeling? Optimism. I'm optimistic, albeit cautiously so, about the future of ICANN and by extension, hopefully that of Internet governance in general. If the meeting in Durban is any indication, we've come a long way in the past year. There were no indicted war criminals invited to dinner. And though it may be too soon to say for sure, I don't think a letter will be sent to the government of South Africa about the quality of the hotel. more

A Look at Closed vs. Open New gTLDs

The essay analyzes some of the strengths and weaknesses of closed and open new gTLDs. The success of the gTLD to a large degree rests on the successful design and implementation of an effective digital business model. A closed gTLD is one whose owner uses it for exclusive content - for example, the use of .book exclusively for Amazon books. Conversely, if Amazon opens up .book, other book sellers and libraries would be able to set up sub-domains, sites where they controlled content. more

The Long Gestation and Afterlife of New gTLDs

ICANN continues to flail, pointlessly. The latest in a series of missteps that could easily have been avoided is its recommendations on what to do about a report on the potential for confusion and misaddressing when someone's internal network names match the name for a new gTLD, and they have misconfigured their routers and/or DNS to the extent that someone typing in a new gTLD name might end up in the middle of someone else's network. more

Avoiding an ICANN Monopoly on Policy

With all the focus in the TLD world on the imminent arrival of more than a thousand new TLDs and the still unfinished discussions within ICANN on what policy framework those TLDs will need to follow, it is often forgotten that there are hundreds of other TLD policy frameworks that are mature, stable and well tested. These of course are the ccTLD policy frameworks that have been actively developed over 20 years. more

Senate Appropriations Committee Critical of NTIA Role Within ICANN’s Governmental Advisory Committee

On July 18th the Senate Appropriations Committee issued Report 113 - 78 on S. 1329, the "DEPARTMENTS OF COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 2014". more

Four New Generic Top Level Domains

At its meeting in Durban, ICANN signed contracts with the applicants for four new top level domains. The new domains are ????, which means "web" in Arabic, ?????? and ????, which mean "online" and "site" in Russian, and ??, which means "game" in Chinese. They should give us an interesting hint about the future of the new TLDs, because all four are utterly, totally, generic. more

ICANN Mission Creep is Becoming Mission Leap

Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year. more

The Missing Link in Dotless Domains

Well more than a year ago, ICANN's Security and Stability Advisory Committee published SSAC 053, its paper on single-label domain names - now referred to in the community as "dotless" domains - advising against their use. In a robust comment period, the community weighed in on the utility and safety of dotless domains, with some in favor and some opposed. To address the matter, ICANN has commissioned further study of the issue with an eye toward resolving the issue for new gTLD applicants. more

The Technical Impact of New gTLDs: Are We Pushing on Regardless?

Have some security aspects been overlooked in the rush to conclude the new gTLD program and "give birth to the baby before it starts to get really sick" as ICANN CEO Fadi Chehadé put it at a briefing jointly organised by ICANN and the European Commission a few days ago? Ever since 2008 when the ICANN Board approved the GNSO-evolved policy that became the new gTLD program, it has been reworked so much that it's difficult to imagine any stone has been left unturned. Yet a recent letter threatens to open up a new can of worms. more