Law

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more

Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more

IPv6, 5G and Mesh Networks Heightening Law Enforcement Challenges, Says Australian Government

In a submission to the Joint Committee on Law Enforcement's inquiry into Impact of new and emerging information and communications technology, the Department of Home Affairs and Australian Criminal Intelligence Commission (ACIC) warn law enforcement will be degraded by a number of new technologies. more

WHOIS Access and Interim GDPR Compliance Model: Latest Developments and Next Steps

WHOIS access and development of an interim GDPR compliance model remains THE hot topic within the ICANN community. Developments are occurring at a break-neck pace, as ICANN and contracted parties push for an implementable solution ahead of the May 25, 2018 effective date of the GDPR... ICANN is now poised to formally publish the convergence model, although the community continues to discuss and seek a solution that is acceptable for all stakeholders. more

US Congress Considering Legislation to Authorize Faster Access to International Electronic Data

A legislation called, Clarifying Lawful Overseas Use of Data Act, or Cloud Act, was introduced on Monday by Congress aimed at creating a clearer framework for law enforcement to access data stored in cloud computing systems. more

U.S. Lawmakers Moving to Consider New Rules Imposing Stricter Federal Oversight on Cryptocurrencies

Reuters reports today that several top lawmakers have revealed a "bipartisan momentum is growing in the Senate and House of Representatives for action to address the risks posed by virtual currencies to investors and the financial system." more

Bitcoin Domain Names Become Popular - and Attract Disputes

Cryptocurrencies (such as Bitcoin) are all the rage -- so, naturally, related domain name disputes are, too. The wild fluctuations in cryptocurrency prices (Bitcoin hit a low of close to $6,000 this week, after reaching an all-time high of more than $19,000 only two months ago, and less than $1,000 a year ago) have attracted speculators, regulators and now even cybersquatters. more

Tips for Ecommerce to Survive and Thrive with GDPR

The regulatory environment for brands and retailers that do business online is getting stricter thanks to regulatory changes in Europe with the General Data Protection Regulation (GDPR), as well as existing regulations in the U.S. Companies that adapt quickly can turn these changes into a competitive advantage. As we grapple worldwide with the implications of the incredible amount of personal data generated every day, consumers are pressuring brands and legislators alike for more control over their information. more

Preventing ‘Techlash’ in 2018: Regulatory Threats

U.S. Chamber of Commerce President Thomas J. Donohue on January 10, 2018, warned that "techlash" is a threat to prosperity in 2018. What was he getting at? A "backlash against major tech companies is gaining strength -- both at home and abroad, and among consumers and governments alike." "Techlash" is a shorthand reference to a variety of impulses by government and others to shape markets, services, and products; protect local interests; and step in early to prevent potential harm to competition or consumers. more

Lawful Registrations of Domain Names

Doug Isenberg notes in a recent CircleID essay that two records in domain name disputes were broken in 2017, namely number of cybersquatting claims (3,036 in 2016, 3,073 in 2017) and number of domain names implicated (5354 in 2016, 6370 in 2017). Fairly consistently from year to year, approximately twenty percent of filings are terminated (withdrawn): whether by settlement or nolo contendere we don't know. (All of these statistics come from the World Intellectual Property Organization (WIPO). more

CircleID’s Top 10 Posts of 2017

It is once again time for our annual review of posts that received the most attention on CircleID during the past year. Congratulations to all the 2017 participants for sharing their thoughts and making a difference in the industry. 2017 marked CircleID's 15th year of operation as a medium dedicated to all critical matters related to the Internet infrastructure and services. We are in the midst of historic times, facing rapid technological developments and there is a lot to look forward to in 2018. more

The UDRP and Judicial Review

The courts of the United Kingdom have set themselves outside the mainstream of Internet consensus policies on trademark/domain name disputes. A U.K. court decision regarding the UDRP reflects an unfortunate tendency to overlook one of the fundamental principles of the UDRP, namely the opportunity to seek independent resolution of a trademark/domain name dispute by court proceedings. more

The Emergence of Consensus in the UDRP

The modus operandi of the Internet Corporation for Assigned Names and Numbers (ICANN) is achieving consensus. This also holds true for the principal rights protection mechanism that emerged from a two-year round of debates organized by the World Intellectual Property Organization (WIPO) that ICANN implemented in 1999 as the Uniform Domain Name Dispute Resolution Policy (UDRP). Consensus rules; not precedent, although consensus inevitably becomes that. more

ISPs in UK Legally Obliged to Provide High-Speed Broadband Upon Request, Starting 2020

UK Government says internet providers will be legally required to meet user requests for speeds of at least 10Mbps starting in 2020. more

Another Registrant Loses UDRP Where Trademark ‘Spans the Dot’

Here's another example of a domain name dispute where the top-level domain (TLD) was essential to the outcome of the case -- because it formed a part of the complainant's trademark: mr.green. In this decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), the panel joined a short but (slowly) growing list of disputes in which the TLD plays a vital role. more