The Public Interest and the Root: Why the Next Round Demands a Public Law Approach to DNS Governance

As ICANN prepares to expand the domain name space, calls grow for a public-law framework to govern the DNS root, ensuring global equity, transparency, and accountability in managing the Internet's core infrastructure. more

Google to Deploy Its First Private Trans-Atlantic Subsea Cable

Google today announced plans to launch its latest private subsea cable project dubbed Dunant. The cable will cross the Atlantic Ocean from Virginia Beach in the U.S. to the French Atlantic coast, the company says. more

Defending the Core: Why Internet Values Matter More Than Ever

In today's rapidly shifting digital landscape, the question of whether the Internet can retain its foundational values has never been more urgent. As it increasingly permeates every aspect of human activity - from communication and commerce to governance and geopolitics - the Internet has evolved into both a shared global commons and a contested arena of power. At stake are its core values: global connectivity, openness, interoperability, decentralization, the end-to-end principle, robustness and reliability, and freedom from harm. more

The GAC Strikes Back

Last week in Prague, the GAC (Government Advisory Committee) relentlessly hammered ICANN over a range of issues relating to the new gTLD program. And while their criticisms were legitimate, one has to wonder to what extent governments were punishing ICANN for past offenses. At the same time, the ICANN board and management seem to have finally - much belatedly - figured out how important it is to maintain a constructive and positive relationship with governments. more

How Not to Develop Public Policy

Some of ICANN's current proceedings on the introduction of new generic top level domains (gTLDs) provide a case study on how not to develop public policy. In particular, the Rights Protection Mechanism proceedings, with serious implications for trademark owners, have followed a course that does not correspond to the ideal of ICANN's bottom-up, consensus-based processes for policy development. More importantly, these proceedings are effectively unilateral developments in international law without the benefit of treaties or international conventions. 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

Buying Multiple Domains Makes Sense

Companies usually use one single domain name for their online activities but then, more questions pop up: SEO, Infringement, Future of the company, monitoring online competition... If buying multiple domain names answers some of these questions, there is a way to do it. Here is how... It often happens that the domain name of a company is neither the generic keyword of its core business nor a keyword that necessarily appears attached to its name. more

What is Good Policy for a Domain Name Registry?

Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. more

ICA Anti-Phishing Victory Might Be a Curse!

A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address. more

2011 UDRP Filings Up at WIPO, Down at NAF - And Still Infinitesimal

The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more

A Closer Look at Postponing of the Root Zone KSK Rollover Decision

On Sept. 27, Internet Corporation for Assigned Names and Numbers (ICANN) announced that the first root zone Key Signing Key (KSK) rollover - originally scheduled to take place on Oct. 11 - will be postponed. Although this was certainly a difficult decision, we fully agree that erring on the side of caution is the best approach to take. In this blog post, I want to explain some of the involvement Verisign has had in KSK rollover preparations, as well as some of the recently available research opportunities which generated data that we shared with ICANN related to this decision. more

Domaining Registrar Defeats Cybersquatting Lawsuit: Philbrick v. eNom

Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more

Good Faith and Abusive Registration of Domain Names

Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, Shop Vac Corporation v. Md Oliul Alam / Quick Rank, FA1611001701026 (Forum December 10, 2016). more

Everything You Should Know About a TLD Business Case, But Didn’t Know to Ask

Applying for a new Top-Level Domain (TLD) is an expensive and lengthy process, costing an estimated $500K for application and various legal and professional services. Central to the application is the business case. Even though ICANN requires an albeit simple version, most applicants must have a credible business case, especially if they need to secure internal approval, or more importantly attract and secure outside investment. Given the truth to the maxim "if you fail to plan, you plan to fail," some closer scrutiny of your business plan will pay dividends in the long-term... more

ICANN Postpones Amazon Domain Decision, Crusade Continues Between Amazon Nations and Amazon Inc.

ICANN on Monday extended the deadline to April for Amazon basin nations to reach a deal with the tech giant Amazon Inc in their seven-year battle over the .amazon domain name. more