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

Removing Need at RIPE

I recently attended RIPE 66 where Tore Anderson presented his suggested policy change 2013-03, "No Need -- Post-Depletion Reality Adjustment and Cleanup." In his presentation, Tore suggested that this policy proposal was primarily aimed at removing the requirement to complete the form(s) used to document need. There was a significant amount of discussion around bureaucracy, convenience, and "liking" (or not) the process of demonstrating need. Laziness has never been a compelling argument for me and this is no exception. more

Port 43 Failures Continue to Haunt

On February 16, 2012 ICANN took the new step of suspending the Registrar Alantron's ability to register new names or accept inbound domain transfers. This new compliance tool was used following Alantron's apparently inadequate response to a breach notice issued November 7, 2011. The issue in part concerns Alantron's perpetual problems with Port 43 WHOIS access which is required by the Registrar Accreditation Agreement. more

Implications of Canada’s CASL - Toughest Anti-Spam Law the World Has Ever Seen

While Canada was dragging the chain when it came to introducing anti-spam legislation, it is now making up for lost time. Ottawa's new law -- expected to be operational early this year -- has severe fines for violations and is viewed by some as too tough. Known as CASL, the new law aims to crack down on spammers and mailing list companies but in doing so, tightly regulates the way businesses can market to prospective customers via email and online. more

Why the Lawsuit Against .XXX Maybe the Best Sales Tool Ever For New gTLD Applicants

"There is a serious danger that ICM will establish and monopolize such a distinct market. As consumers seeking adult content become more aware of the .XXX TLD, registering and displaying websites in other generic TLDs may not easily be substituted for registration in the .XXX TLD." No that statement is not from the ICM Registry's sales material. more

MOPO - The Latest Speed Bump on ICANN’s New gTLD Superhighway

The Internet Corporation for Assigned Names and Numbers (ICANN) is a Petri dish for acronyms. The latest one to be introduced into the ICANN lexicon is MOPO which is short for Morality and Public Order. MOPO is one of the four grounds by which a third party can challenge an application for a new generic top-level domain (gTLD). The profile of MOPO recently increased when ICANN's Government Advisory Committee (GAC) provided formal advice to the ICANN Board regarding the current MOPO procedures set forth in ICANN's Draft Applicant Guidebook (DAG) for new gTLD applicants. The resolution of this issue will largely determine whether new gTLD applications will be accepted by ICANN in 2011 as planned or sometime in the far distant future. more

Putting String Similarity into Context: Bulgaria’s IDN (.??) vs. Brazil’s ccTLD (.br)

Bulgaria is a nation which is directly impacted by the current Fast Track automatic disqualification when Top-Level Domain (TLD) strings are "confusingly similar" to other TLDs, in this case an Internationalized Domain Name (IDN) country code Top-Level Domain (ccTLD). Bulgaria has already been declined twice (in late 2009, and in May of 2010) to register the *.?? Cyrillic IDN on the premise that it looks confusingly similar to Brazil's *.br ASCII TLD. Being a native Bulgarian, I did not see how these two strings are similar more

ICANN’s gTLD Proposal Hits a Wall: Now What?

ICANN's plan to begin accepting applications for new generic top-level domains (gTLDs) in mid-2009 may have been derailed by last week's outpouring of opposition from the global business community and the United States Government (USG). Having been involved with ICANN for over a decade and having served on its Board for three years, I've never seen such strong and broad opposition to one of ICANN's proposals. more

Vint Cerf Caught Off Guard, Nevertheless Says What Needs to Be Said About Our Misguided Policy

This morning's mail brought news of a 3 minute 45 second video clip of very candid and very outstanding remarks from Vint Cerf. Vint says very clearly what needs to be said and what needs to be grasped and acted on by the new president and congress next year... My observation is that in my opinion it is not the lighting that is unusual but rather the camera angle. It looks like interviewer is seated with his camera pointed up. The camera is looking at Vint's chin. Consequently I sent Vint an email: "you knew you were being recorded - surely? I hope: in any case the good deed is done... thank you sir." Vint replied with permission to quote... more

Domain Aftermarket Overdue for an “Asset Repricing”

For the last couple years the domain aftermarket has been hot again, we're seeing valuations not seen since bubble1.0, which saw valuations like 7 million dollars for business.com and 4 million for drugs.com. The TechWreck was induced by the NASDAQ crash of 2000 and the fun was over for awhile. What differentiates this bubble in the domain aftermarket from Bubble 1.0 is domain parking and monetization... The interesting thing is since then, the multiples on domain names have outstripped the multiples on developed websites. To me, this is the equivalent of the "inverted yield curve" that portends economic recessions. more

Summary Judgment Denied in a Case of Creative Typosquatting

In the case of Lands' End, Inc. v. Remy, the defendant website owners were accused of crafting a clever scheme to get some extra commissions from their affiliate relationship with landsend.com. It looks like the scheme has backfired, however, as Lands' End's claim against the defendants under the Anticybersquatting Consumer Protection Act, [15 U.S.C. §1125(d)] ("ACPA") has survived a summary judgment motion and the case is heading for trial. more

Why We Need to Find Solutions on Internet Governance As Soon As Possible

Internet Governance is the buzzword, especially over the past couple of years, with debates and negotiations taking place almost with the same intensity and pathos of delicate issues, such as terrorism. But Internet Governance is a delicate issue. At the beginning, there was the web that made everything better... Life was good and exciting. That was Internet 1.0. But consider Internet 2.0, currently in development. No longer an egalitarian utopia, it has become much like the rest of our society -- divided by class, geography, culture, religion and politics. And its growing fragmentation threatens us all -- because we will be asked to take sides. more

ITU Launches IDN Survey and ccTLD Outreach

Today, the ITU launched a new survey asking member states, ccTLDs and other ITU member organizations to provide answers to a specialized questionnaire asking for their experiences on the use of IDNs. The ITU states that it is reaching out to ccTLDs to "collect information and experiences on Internationalized Domain Names under ccTLD (country code Top Level Domain) around the globe." One of the goals of this survey is to collate information on the "needs and practices" of each ccTLD that is surveyed -- so as to compile a report from the ITU that speaks to the implementation of IDNs around the world... more

.XXX Puzzle Pieces Start to Come Together: And the Picture is Ugly

Americans who worried about governments somehow "running" the Internet through the United Nations failed to see the Trojan Horses that were rolled into ICANN's structure in 1998: the Governmental "Advisory" Committee and the special US Government powers over ICANN. The attempt by the US Commerce Department to "recall" the delegation of .xxx to ICM Registry due to pressure from deluded right-wing groups in the US who think that it will add to pornography on the Internet is a major inflection point in the history of ICANN, and could represent the beginning of the end of its private sector/civil society based model of governance. more

Alternative Insights on Article 28 of the NIS2 Directive

On June 9 CircleID published an insightful article by Thomas Rickert entitled "Demystifying Art 28 NIS2." In that piece Thomas set forth two alternative interpretations of Article 28(6) of NIS2, and argued that TLD registries should not be required to maintain a separate database of the registrant data under NIS2. In my view, Thomas' approach is inconsistent with the remainder of Article 28, and would not achieve the goals of NIS2 to improve cybersecurity across the EU member states. more