Trademark Overreaching and Faux Cybersquatting Claims

Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more

Panel on Global Internet Cooperation and Governance Mechanisms

The Internet is at a crossroads. And while high-profile events like the introduction of new gTLDs and revelations about governments and online surveillance may be a catalyst for recent Internet governance reform initiatives, their necessity isn't exactly new. After all, the current structures and processes in place were set up a decade and a half ago, an eternity in Internet years. A key step in reviewing and renewing these structures is the Panel on the Future of Global Internet Cooperation, announced at the recent ICANN meeting in Buenos Aires. more

ITU Staff Gone Wild

In virtually all governmental legislative bodies, the staff is there to provide secretariat services for the government representatives. The staff role does not include telling the representatives what decisions they should be making. The stricture is supposed to be the same at the International Telecommunication Union (ITU) for its treaty making activities. It is with some amazement that last week, the ITU secretariat staff showed up at a seminar in Bangkok they helped schedule... more

ICANN Denies Reduction of Annual Fees for Struggling New TLD Operators

ICANN has denied a request by new top-level domain operators to reduce the $25,000 annual fee. more

ICANN at a Crossroads: GDPR and Human Rights

The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN. more

US Court Levies $15 Million Fine Against Spammer

Earlier this year, the New Zealand Department of Internal Affairs, the US Federal Trade Commission, and the Australian CMA broke up a large fake drug spam ring known as Herbal Kings, run by New Zealander Lance Atkinson. The NZ government fined him NZ$108,000 (about US$80,000) which, while a substantial fine, seemed pretty small compared to the amount of money he must have made. But today, at the FTC's request a US judge fined Atkinson US$15.5 million, and got his US accomplice Jody Smith to turn over $800,000, including over $500,000 in an Israeli bank. more

Who Are the Major New gTLD Applicants and… (Part Two: Uniregistry)

This, the second in a series of articles looking at portfolio gTLD applicants, is focusing on Uniregistry. At the moment, the Uniregistry press machine is buzzing, like an angry bee, about two of the 50 TLDs in its portfolio: you may have read about .TATTOO and .SEXY. Yes! .SEXY but, according to Uniregistry, it is nothing to do with sex; it is about fashion, modelling and attitude. more

After 21 Years, Actor David Duchovny Wins His Domain Name

While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more

Deadline of April 21 To Make Your Website “Mobile-Friendly” Or Drop In Google Search Results

Is your website "mobile-friendly"? If your site is NOT and you care about how your site ranks in Google search results (and let's face it, we pretty much all do!)... well... you need to get busy! As Google very clearly indicated: "Starting April 21, we will be expanding our use of mobile-friendliness as a ranking signal. This change will affect mobile searches in all languages worldwide and will have a significant impact in our search results." more

New gTLDs: What About 10 Years Ago?

In 2003 - what did we have in terms of domain names? In 2003, the .AERO, .BIZ, .COOP, .INFO and .NAME Registries were just born. The . .MUSEUM Top-Level Domain was born that very year and .ASIA, .CAT, .JOBS, .MOBI, .PRO, .TEL and .TRAVEL did not exist yet. However, .EU was on its way. Although this particular TLD was a country code Top-Level Domain targeted at the European Union, it was awaited for by many brands in its Sunrise Period. more

Computing Clouds in Orbit – A Possible Roadmap

Last week, I predicted that much of the Internet and most cloud datacenters would launch into space in the next ten years. Today the only part of the Internet in space is a very small amount of "bent-pipe" access: signals which go from a user to a satellite and bounce back down to a ground station which feeds them into the terrestrial internet where all processing is done and all queries answered by internet-connected servers, many of them in cloud data centers. more

What to Do with Skype?

Without rehashing the mainstream headlines, it's clearly on the table now that eBay has given up trying to create synergies with Skype, so the focus now is on making the best of things as distinct entities. The preferred route for eBay would be to keep Skype and recoup their investment via an IPO sometime next year. That would certainly bring an end to things with both parties leaving on a high note. Of course this hinges heavily on the state of capital markets... more

Bogus WSJ Story on Net Neutrality

Today's Wall Street Journal has a bogus, misleading story claiming that Google has been making deals with telephone and cable carriers that violate Network Neutrality. My BS detector was triggered by paragraph five, which reads: "One major cable operator in talks with Google says it has been reluctant so far to strike a deal because of concern it might violate Federal Communications Commission guidelines on network neutrality. 'If we did this, Washington would be on fire,' says one executive at the cable company who is familiar with the talks..." more

What Will Be the Magic Number for New gTLD Applications?

With the application launch period scheduled to begin in less than three months, everyone wants to know just how many new generic Top-Level Domains (gTLDs) applications will be submitted. In terms of the number of applications to be submitted, I've seen estimates putting the figure as low as 500. But just last week, an industry insider told me that he thought the number could go as high as 3,500. more

Is Your Company on the Sidelines for Getting Its Own TLD? Here are 6 Questions Worth Considering

By now, I've probably spoken with close to a hundred brand owners who are all trying to make some very important decisions about whether or not to apply for a new generic Top-Level Domain (gTLD). Everyone wants to know what "the other guy" is doing. But for the most part (with the exceptions of Canon and Hitachi), brand owners have been tight-lipped about their intentions. Even in a recent New gTLD webinar hosted by MarkMonitor (primarily attended by brand owners), when asked in an anonymous poll whether they intended to apply... more