Proving Common Law Rights Predating Domain Name Registration

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

.AI You Ready? A Domain to Add to Your Portfolio… Before Someone Else Does

On the sunny beaches of Anguilla -- a small island of just 35 square miles -- I'm sure artificial intelligence (AI) is the last thing people are thinking about. The primary industries of Anguilla, set in the Leeward islands in the Caribbean, are tourism and offshore banking. However, this nation has been assigned the country code top-level domain (ccTLD) .AI -- which is being repurposed to represent artificial intelligence. more

Dell Loses Key Customer Support Domain Name for a Month, Site Exposed to Questionable Content

The website designated by Dell Inc. to help customers recover from malicious software and other computer maladies may have been hijacked for a few weeks this summer by people who specialize in deploying said malware, reports Brian Krebs in KrebsOnSecurity. more

Interview: Antony Van Couvering on the New TLD Opportunity

I recently caught up with a former colleague Antony Van Couvering. Many here on CircleID probably know him, he's been active in the domain name business since the late 1990's. With the new Top-Level Domain (TLD) issue so white hot and with Antony's firm right in the mix, I thought it was time to get his take via an interview. If anyone has questions (or challenges perhaps?) to anything below, I'm happy to forward to Antony for a response. more

The Top 25 Global Websites from the 2015 Web Globalization Report Card

I'm pleased to announce the publication of The 2015 Web Globalization Report Card. Here are the top-scoring websites from the report... You'll notice that Google is once again ranked number one. The fact is, no other company on this list invests in web and software globalization like Google. While many software companies are happy to support 40 or even 50 languages on their websites, Google is looking at 60 or more languages across its many products. more

Commentary on the FTC Spam Summit

The following speech was prepared with the intention of using portions of it during the FTC Spam Summit, but CAUCE was not given the opportunity to participate due to time constraints... "I am here today to question. Yesterday we heard how the tenor of the discussion about spam became more mature. How, in the period of time that has elapsed since the last summit, things have developed as an industry. That may be true, but I question if the discussion at hand here this week is truly a big tent effort. I see few anti-spammers here..." more

UK Government Planning on New Laws for IoT Devices Including a Mandatory Security Labelling Scheme

The UK government on Wednesday announced plans to introduce new laws for internet connected devices to better enforce the inclusion of basic cybersecurity features into IoT devices. more

How to Handle an Outage Like a Pro

In just the last two weeks, there were three major DNS outages between Google, Microsoft Azure, and Fonality. But only one of these companies was able to make even bigger waves with the way they handled their blunder. Fonality, who sells VoIP services and business phone systems, offered a very rare and transparent analysis of their outage. In a detailed statement from Chief Marketing Officer Jeff Valentine, readers were given crucial insight on how to prevent the same mistakes from happening to other companies. more

Deep Packet Inspection: When the Man-In-The-Middle Wants Money

Say you're walking down the sidewalk having a talk with your best friend about all kinds of things. What if you found out later that the sidewalk you were using wasn't really a sidewalk -- but instead a kind of false-front giant copying machine, unobstrusively vacuuming up what you were saying and adding to its database of information about you? Or, say you send a letter to a client of yours (to the extent you still do this), and it turns out later that your letter was intercepted, steamed open, and the contents were read... more

Spam Is Never Timely Nor Relevant

One of the ongoing recommendations to improve deliverability is to send email that is timely and relevant to the recipient. The idea being that if you send mail a recipient wants, they're more likely to interact with it in a way that signals to the mailbox provider that the message is wanted. The baseline for that, at least whenever I've talked about timely and relevant, is that the recipient asked for mail from you in the first place. more

U.S. Senators to Introduce IoT Security Bill

U.S. senators on Tuesday announced plans to introduce legislation seeking to address vulnerabilities in IoT devices. more

Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority

People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved dramatically. Still, some anti-spammers hate spam so passionately -- or, perhaps, hope to put a little coin in their pockets -- that we still see a steady stream of lawsuits against email marketers. For the most part, those lawsuits don't win; in the past half-decade, repeat anti-spam plaintiffs have rarely won in court. more

Call Spoofing: Congress Calls on FCC, Russia and China Answer

It is both amusing and dismaying. Last year, Congress passed Ray Baum's Act telling the FCC to do something about those pesky incoming foreign SPAM calls and texts with the fake callerIDs. The FCC a couple of weeks ago responded with a chest thumping Report and Order claiming it has "extraterritorial jurisdiction" that is does not have, and promising it will do something. Don't hold your breath on that one. more

Glaring Weaknesses in Prosecuting International Cyber Crime

I have to tell you -- I'm not really happy about the fact that the majority of serious cyber crime on the Internet happens without any legal prosecution. I spend an enormous amount of time -- far beyond my "day job" and exceeding what some might consider my professional capacity -- tracking cyber crime. I also work closely with law enforcement (both in the U.S. and abroad) to assist in the intelligence gathering process, putting the pieces of the puzzles together, connecting the dots, and so forth. And most of the major criminal organizations are still operating (pretty much) in the open, with fear of retribution or criminal prosecution, for a number of reasons. more

New Regime for Registration of .fr

Association Francaise pour le Nommage Internet en Cooperation ("AFNIC"), the domain name authority managing the French country code top level domain, is introducing a new regime for registration of .fr domain names. Among the main changes, the new regime abolishes any "right to the name". Until now an applicant for registration of a .fr domain name must prove that the domain name reflects its company name, business name or trade mark that is in force in France. more