Law

Logical Deduction on Why New TLDs Will Not Increase Costs for Trademark Holders

Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more

Where Is Cyberspace?

In my first CircleID post, I compared the cyberspace to a farmland, which has to be cultivated and developed. I ended by asking: Where is cyberspace? I have asked this same question from many people, many of whom are internet experts. They all said the cyberspace is in the computers, networks, or servers, or the Internet itself. I agree with these cyberspace ideas. In addition, my opinion is a bit different. more

How SOPA Will Destroy The Internet

As you read this, please keep in mind that I say it all with a track record nearly 14 years of being proactive and having a zero-tolerance policy toward criminal activity and network abuse on our system. We have great relationships with Law Enforcement Agencies both here in Canada and abroad. We are always helpful and (usually) happy to answer questions, and help LEA understand the complexities and nuances of the internet. We've had the good fortune to meet some really intelligent and clued in cybercrime units. We participate in numerous communities in combating net.abuse and cybercrime. more

The Death of TLD Front Running

In an article published over two years ago, I cited a disturbing trend of third parties seeking to obtain national trademark registrations in an apparent attempt to game ICANN's new gTLD process. While many of these applications have withered and died on the vine some have sneaked through. However, it appears that the United States Trademark Trial and Appeal Board (TTAB) has issued a very well-reasoned and articulate opinion... more

Law Enforcement Agencies Will Have Authority on Registries and Registrars

Accessing Whois information and acting on a litigious domain name is becoming a nightmare for law enforcement agencies. Law enforcement agencies must have an access to the information provided by registrants in the Whois database and, in specific cases, have authority to act FAST on a domain name. The EU has a solution for this and it's coming in 2020. more

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

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

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

The Road Less Traveled: Time Is Running Out for NTIA-Verisign Cooperative Agreement

It is remarkable? - ?for all the wrong reasons? - ?that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign? - ?the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more

ICANN Cannot Expect the DPAs to Re-Design WHOIS, but Asking for a Reprieve Makes Sense

We are on the brink of the most serious threat to the open and public Internet for decades. ICANN, under pressure from domain name registrars and EU data protection authorities, has proposed an "interim" plan that will hide critical information in WHOIS. Security, threat intelligence, and anti-abuse professionals rely on WHOIS to track down bad guys and keep the Internet as safe and secure as possible. more

The Case for Trademark Protection for Top Level Domains

The United States Patent and Trademark Office currently does not provide Trademark protection services for the Top Level Domain industry, an industry which generates almost $1 Billion in revenues annually in the United States. The Top Level Domain industry is the only legal business class in the United States that is denied constitutionally guaranteed intellectual property protections... The lack of Trademark Protection for the Top Level Domain industry has greatly increased the amount of uncertainty associated with the ICANN Application Process for new Top Level Domains. more

CRIDO Sells “Do Not Sell List”

Coalition for Responsible Internet Domain Oversight, or CRIDO, released a plan they called a "peacemaker" three days before the Jan. 12th, 2012 launch, which would allow brands to begin the ICANN application process but would allow organizations and companies the opportunity to place their brand names, without cost, on a temporary "do not sell" list. ICANN so far has not responded to the "do not sell" list, and CRIDO is getting restless and threatening lawsuits. more

Spam Fighting: Lessons from Jack Bauer?

As I blogged about several months ago, as did numerous other anti-spam bloggers, David Ritz was sued by Jeffrey Reynolds and a judge in North Dakota agreed with Reynolds. At the heart of the case was that Ritz engaged in anti-spam activities using techniques known only to a small subset of advanced computer users, and used these techniques maliciously against Reynolds... Back in the olden days of spam fighting, some anti-spammers used to use malicious techniques against spammers in order to shut them down... more

New York Passing New Domain Name Law

In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more

Wall Street Journal Article on Whois Privacy

Today's Wall Street Journal discusses the fight over Whois privacy. The article on the front page of the Marketplace section starts by discussing how the American Red Cross and eBay use the Whois database to track down scammers: "Last fall, in the wake of Hurricane Katrina, the American Red Cross used an Internet database called "Whois" that lists names and numbers of Web-site owners to shut down dozens of unauthorized Web sites that were soliciting money under the Red Cross logo. Online marketplace eBay Inc. says its investigators use Whois hundreds of times a day..." more