Trademark Registrations on the ‘Supplemental Register’ Don’t Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more

Challenging UDRP Awards in Federal Court: Recent Outcomes

Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more

Will the Fast-Approaching Deadline for .brands Catch Many by Surprise?

29 July 2015 is a big day for .brands. It's the date when all ICANN Registry Agreements (RA) must be signed. Once the RA is signed, the fees to ICANN and your Registry Services Provider kick in. As certain as you can be that ICANN will begin sending invoices, you can also expect to receive increased scrutiny internally. Questions are inevitable. People will want answers; what is the plan for this thing? How does it fit into our long term corporate goals? Do marketing have a plan to use the TLD in the upcoming launch of our new product? more

ICANN Shows Safe Decisions Aren’t Always the Right Decisions

When ICANN selected Deloitte and IBM to provide technical database administration services for a key part of its new gTLD program, it became quickly clear that the choice was not made on whose proposals scored highest, but rather it was based on which partner presented the least perceived business risk but at a much higher than necessary cost. I know this because I wrote a response to the original RFP and as a result am pretty familiar with what the original specification required. more

The Cuban Home-Connectivity Trial Ends This Week, Rollout to Begin Next Week

The free home-connectivity trial in Old Havana will end this week. Two thousand homes were eligible for the trial and I was told, off the record, that 700 people have signed contracts to pay for the service. I am not certain, but my guess is that those two thousand homes are served by a single central office that has been upgraded to offer Digital Subscriber Line (DSL) connectivity. more

Aligning Broadband and Healthcare

For many years I have been saying that in order to generate business cases that will support the developments of national broadband networks it is necessary to take into account the social and economic benefits of such investments. The reality is that these benefits do not show up on the balance sheets of the traditional telecoms infrastructure companies and this is a key reason they are reluctant to make such investments. more

.ORG and Change

The .ORG domain is at a crossroads: What will it be? A simple registry offering domain names for organizations, individuals and others? Or something bigger, as Ethos Capital and the Public Internet Registry propose? Will proposed changes make .ORG better? Or worse? There are valid points on both sides, but as an Internet safety advocate who for two decades has worked to teach children how to be safe online, stop the next young girl from being sex trafficked, and... more

Apple (Not Surprisingly) is Not a Cybersquatter

It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more

More on Private Auctions for New gTLDs

My recent post on private auctions for new gTLDs under contention generated many responses from applicants. Here I follow-up with answers to the questions raised... Many, but certainly not all, applicants have a strong motivation to participate in a private auction. This incentive is especially strong for domains for which the community, geographic, and other factors are not compelling. more

How To Build A Cybernuke

The Internet infrastructure has been having a bad month. Not as bad as, say, the world's aviation infrastructure, but bad enough. First, Chinese Internet censorship leaked out to a few massively unlucky users of the I root server. Then China Telecom failed to filter someone who leaked thousands of hijacked routes to other people's networks through them, probably by accident. And then, inexplicably, Forbes went where no one had gone before... more

Cuban Satellite Connectivity - Today and (Maybe) Tomorrow

In January of 2017, Doug Madory of Dyn Research reported on Cuban traffic, noting that C&W's share had increased. Later in December Madory reported that ETECSA had activated a new internet transit provider, medium-Earth orbit (MEO) satellite-connectivity provider O3b Networks (Other 3 billion), replacing geostationary satellite provider Intelsat. (They have also added Telecom Italia, which, until 2011, owned 11% of ETECSA, but I will save that for another post). more

Investigation Reveals Massive Security and Privacy Breaches Affecting Chinese Version of Skype

Canadian human-rights activists and computer security researchers have released a report on the extensive surveillance system in China that monitors and archives text conversations that include politically charged words. The research group, called Information Warfare Monitor, is a joint project of The SecDev Group, and the Citizen Lab, at the Munk Centre for International Studies, University of Toronto. The following are introductory excerpts from the study... more

Global Surveillance: Towards Convergence?

Built for the most part during the Cold War, surveillance systems on a global scale were considered a vital necessity with the onset of nuclear weapons, if only to keep Mutually Assured Destruction at bay. Today, these systems are also used for domestic surveillance and universal data harvesting, including on one's own citizens. Should we still consider these systems with the same reverence as if we were, say, in the midst of some Cuban Missile Crisis? more

Remote Work Demands Encryption

Now that we are all working from home (WFH), the need for encryption must also increase in priority and awareness. Zoom's popular video conferencing solution got in hot water because they promised "end-to-end" encryption but didn't deliver on it - prompting some organizations to ban it from use altogether. Encryption protects confidential information from being exposed in transmission, providing a secure way for the intended recipient to get the information without snooping by others. more

Revised Top Level Domain Law in Sweden?

On March 31, Swedish regulatory overview office, Post and Telecom Authority published a 54 pages report on revision of the Swedish Top-Level Domain (TLD) law for internet. The report contains proposals for revision of policy and Swedish law regulating top level domains. This is not a surprise. The issue has been simmering for ten years, at least. However, with increasing dependency of information society, public regulators are increasingly inclined to revise public regulation in the area. more