It's been an interesting couple of months in the ongoing tensions between Internet carriage and content service providers, particularly in the United States. The previous confident assertion was that the network neutrality regulatory measures in that country had capably addressed these tensions. While the demands of the content industry continue to escalate as the Internet rapidly expands into video content streaming models, we are seeing a certain level of reluctance from the carriage providers to continually accommodate these expanding demands... more
Proper, transparent, accountable U.S. NTIA's Transition of its oversight of the Internet to something other than a single country oversight is something I have always believed in and spoke and written about repeatedly for years and is long overdue. But NTIA's March 14th declared intent to transfer "Key" Internet roles is not only very ambiguous but leads to new questions and concerns that must be answered before anything starts taking place. more
On December 1, 2014 the Cross Community Working Group (CWG) on Naming Related Functions published a Draft Transition Proposal. The comment period on the Proposal extended for twenty-one days; due to a requirement imposed by the separate IANA Coordination Group (ICG) that a final proposal be received by mid-January, there was no provision for a follow-up reply comment period as is standard ICANN Practice for issues of far less consequence. more
OK. Now my lawyer has given me the green light, I can officially announce I am working on a proposal for a .sport TLD, to be submitted to ICANN for consideration as a new TLD next year. There is still a long way to go in terms of getting the proposal ready, but I this this one is a winner... more
Startups in the process of selecting a company or product name are often frustrated to see that someone else, years ago, registered the .com version of their newly thought-of name. Similarly, companies that have acquired a trademark registration wonder whether they can use their crisp new registration certificate to stomp out someone else who has been using a domain name similar to the company's new mark. A recent case arising under the UDRP shows us that the earlier domain name registration is usually going to be on solid ground against a later-arriving trademark owner. more
Neil Schwartzman writes to report that U.S. Cert issued Alert TA13-088A on Friday March 29, 2013. "It is a solid how-to guide to test for, and remediate DNS configurations that can be used for Distributed Denial of Service attacks." more
What exactly is that "reserved list of names" Fadi Chehadé refers to in his letter dated October the 22nd? If we already have an idea, we wonder if they considered protecting more than just "accents". The name of Hogan Lovells was mentioned in the last Safebrands "RINDD" and their input on this question is welcome if they are the company to be working on that list. more
Facebook sure is getting beaten up recently. There's even a crowd-funded initiative to replace it with something open, called Diaspora -- everyone on Facebook is talking about it. Yet it wasn't even two full years ago that Facebook was the darling of the ditherati. For a while it seemed as if nearly everything Facebook did was hailed as the future of messaging, perhaps the future of the Internet - or maybe the Internet didn't matter anymore, except for Facebook. more
The trademark rights required for standing under paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (UDRP) refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove both secondary meaning of the marks and their distinctiveness prior to the registration of the domain name. more
Planning for a short trip to Hong Kong tomorrow reminded me of Jonathan Shea, something I wanted to blog about but was waiting for the hype around the new generic Top-Level Domains (TLDs) to cool down. Jonathan Shea is an old friend who is in-charge of ".hk". I had the pleasure to catch up with him in Paris ICANN meeting. Before Jonathan, let me talk about something related that happened in Paris. At the Cross Constituency Meeting, there was a presentation by the Anti-Phishing Working Group (APWG). In summary, they were proposing working with registries to take down domain names that are suspected to be involved in phishing. more
Chinese hackers have breached U.S. Navy contractors to steal a wide range of data from ship-maintenance data to missile plans through what is reported as the most debilitating cyber campaigns linked to Beijing. more
The mainly politically-driven debate - FttH versus wireless broadband - is spreading uninformed messages and half-truths in the market. And confusing messages from mobile operators are also blurring the picture. All well-informed people confirm that this is a nonsensical debate -- both infrastructures will coexist with, and supplement, each other. more
The United States Patent and Trademark Office currently does not provide Trademark protection services for the Top Level Domain industry, an industry which generates almost $1 Billion in revenues annually in the United States. The Top Level Domain industry is the only legal business class in the United States that is denied constitutionally guaranteed intellectual property protections... The lack of Trademark Protection for the Top Level Domain industry has greatly increased the amount of uncertainty associated with the ICANN Application Process for new Top Level Domains. more
I strongly believe there is a serious "breach" in the Applicant Guidebook: I checked the scoring, I checked the possible objections, I am aware of the Governmental Advisory Committee (GAC) early warning but I really could not find how ICANN is going to avoid Community applications to be submitted as Standard ones. The role of ICANN is to offer a solution to launching new generic Top-Level Domains, it is no party in saying whether a new gTLD is a Community or not. more
The primary focus of this article is to illustrate that the Applicant Guidebook is not supplying sufficient protection mechanisms, and creates too high financial barrier for those who are interested in applying for multiple Top-Level Domains (TLDs) that are translations/transliterations of each other and/or of an existing generic Top-Level Domains (tt-gTLDs). more
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