Closed Generic TLDs - The Final Battle?

Over the past couple of years I've posted several times on the issue of "closed generics". In essence these are new TLD applications where the string is a "generic term" AND the applicant wanted to keep all domains in the registry for their own use. The baseline registry agreement with ICANN now contains language that resolves the issue, or at least it would appear to do so. more

What Due Diligence Satisfies Domain Name Registrant’s Representations (UDRP)?

Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more

Microsoft Files Three More Cybersquatting Cases

Microsoft has filed 3 cybersquatting cases at the beginning of September 2007, as reported in an Inside Indiana Business article. I took the liberty of accessing the cases via the PACER system, and posted the major documents... It looks like they're stepping up efforts to defend their trademarks, and seeking big damages in court, rather than go the way of the UDRP. These cases demonstrate that new TLDs should not be a priority with ICANN until the problems in existing TLDs are addressed. more

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Why WIPO’s Proposed Fast-Track UDRP Process is Flawed

In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more

The Russian Anti-Satellite Demonstration – a Month Later

On November 15, Russia demonstrated its ability to destroy an orbiting satellite, Cosmo 1408, by hitting it with a direct-ascent rocket. In an earlier post, I noted the anti-satellite demonstration and speculated on why Russia may have done it and why the Chinese had not condemned it. In this post, I’ll look at the evolution of the resulting debris cloud and say more about the possible motivation.  more

Research Firm Predicts 22.4 million IPTV Subscribers by 2013 in Asia-Pacific

New analysis from Frost & Sullivan research firm suggests that the IPTV subscriber base in Asia-Pacific -- covering 13 countries -- reached 4.1 million in 2007 and estimates this number to reach 22.4 million by the end of 2013, at a CAGR (compound annual growth rate) of 32.7 percent (2007-2013). Of the 13 countries, eight had commercial IPTV services in 2007, while the rest are conducting trials for expected deployments from 2009 onwards, according to the report. "Many service providers feel the urge to launch IPTV services as a defensive strategy to increase their 'n-play' offerings with one more service." more

Concerns About ICANN’s Bylaws Shouldn’t Bog Down Board/GAC Discussions

The Brussels meeting between the ICANN Board of Directors and the Governmental Advisory Committee (GAC) became contentious over what constitutes a "bylaws consultation," what that designation means, and whether future meetings between the parties should be labeled as such. At the risk of going over familiar ground, it may be useful to review what the bylaws say about ICANN's duty to consult with the GAC. more

Domain-Name Error Redirect: Incentives and Solutions

Some domainers, having forgone parking revenue to avoid any claims of trademark violation, have then found themselves thrown into legal trouble with trademark claimants because of actions taken by a third party (ISPs and PC manufacturers). In addition to the resulting direct legal cost, the possibility of action by a third party heightens uncertainty and steals management's attention away from its real job. The troubles for the domain name owner start when a surfer who enters in the browser an inactive domain name is redirected to a Web page with advertising instead of getting a page that says there is an input error... more

Google to Deactivate Goo.gl URL Shortener, Sparking Concerns Over ‘Link Rot’

Google has announced it will fully deactivate its URL shortening service, Goo.gl, by August 25, 2025, prompting concerns about widespread "link rot." Starting next month, Goo.gl links will display a warning message before ceasing to work altogether by the 2025 deadline. more

Euro 2020: An Illustration of the Link Between Real-World Events and Online Infringements

In the run-up to the postponed Euro 2020 football championships, we've analyzed historical registration trends in domains containing the terms "euro2020" or "euro2021." A number of previous studies -- looking at events as diverse as the COVID pandemic, the annual holiday season shopping events, and the Reddit campaign relating to the manipulation of the stock price of U.S.-based retailer GameStop -- show a link between real-world events and spikes in online activity. more

Report Reveals Planned DNSSEC Adoption of 2010 by Key Industries Still in Limbo

A recent progress report on DNSSEC adoption reveals the extent to which organizations in a number of industries are falling short of their own objectives for making Domain Name Server (DNS) infrastructure more secure. The progress report, conducted by Secure64 Software Corporation, is a follow-up to a 2010 study by Forrester Research titled, "DNSSEC Ready for Prime Time," which reported on organizations' plans to implement DNSSEC in order to shore up vulnerabilities in DNS. more

Anti-Spoofing, BCP 38, and the Tragedy of the Commons

In the seminal 1968 paper "The Tragedy of the Commons" , Garrett Hardin introduced the world to an idea which eventually grew into a household phrase. In this blog article I will explore whether Hardin's tragedy applies to anti-spoofing and Distributed Denial of Service (DDoS) attacks in the Internet, or not... Hardin was a biologist and ecologist by trade, so he explains "The Tragedy of the Commons" using a field, cattle and herdsmen. more

The Mainsleaze Blog

Mainsleaze is nerdy slang for spam sent by large, well-known, otherwise reputable organizations. Although the volume of mainsleaze is dwarfed by the volume of spam for fake drugs, account phishes, and Nigerian 419 fraud, it causes work for mail managers far out of proportion to its volume... The problem with mainsleaze is that it is generally mixed in with mail that the recipients asked for, and there's no way to tell the difference mechanically. more

DotSpam? Certain New gTLDs Rapidly Outpacing Legacy TLDs in Terms of Abuse

Would you like to hear about how to treat your psoriasis? Where to get a cheap oil change? How to flatten your belly? Achieve a stronger sexual life? Cheap toner? Annuities? Herpes? Bed bugs? Free energy? Varicose-Veins? Herpes? Saggy skin? Arthritis? Overactive bladder? Drug addiction? Herpes? No? Well, that's too bad, because that you are going to hear about it whether you like it or not. Many of the messages about these and other subjects are being carried to you via new gTLDs. more