Even before the introduction of new top level domains in 2014, Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the characters of the accused domain names with the characters of trademarks for identity or confusing similarity. But this did not exclude the possibility of reading across the dot. more
It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level internet domain names, is still, it seems, a draw. With nearly two years' experience and statistical evidence of far fewer problems at far lower costs to brand owners than opponents of the program said would occur, it might be expected that the tone would cool. But the price of peace, I guess, remains eternal vigilance. more
The White House will not publicly support a controversial bill that would give law enforcement guaranteed access to encrypted data, according to reports. more
The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more
President Obama, in March 2016, again stressed the need for better collaboration between the tech industry and the government. He referred to his own White House initiative - this has resulted in the newly-formed US Digital Service, which is trying to recruit the tech industry to work with and for government. One of the key reasons it is so difficult to establish trustworthy, good working relationships is the extreme lack of tech understanding among most politicians and government bureaucrats. more
A recent clarification to draft domain name regulations by China's Ministry of Industry and Information Technology (MIIT) indicates greater engagement and openness with the domain name market, not a contraction as some had feared. Following the MIIT's announcement on March 25th 2016, the same Ministry issued a clarification on Wednesday March 30th stating that its new draft regulations will not affect any foreign enterprises or foreign websites from resolving in China. more
At the top of WIPO's list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is "Hugo Boss" with 62 complaints. The report also reveals that the fashion industry led other commercial sectors with 10% of complainant activity. Not surprisingly, in this sector companies (couturiers extending their services to the general public) are branded with the personal names of their founders. Why any registrant would intentionally target well-known personal names in the fashion industry is a mystery because there's no future in it. In fact, complaints are never answered and always successful. more
As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more
Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more
In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more
The US government is demanding Apple unlock iPhones in about a dozen cases beside the San Bernardino one. In a strikingly similar case, Judge James Orenstein in Brooklyn rejected the government's request for three separate reasons. In the decision the judge refers several times to the San Bernardino case, and it is clear he expects this decision to be an important precedent for that one. more
Tomorrow afternoon at 1pm EST Apple will be giving testimony to the House Judiciary Committee. The session that Apple and others will be taking part in is aptly named, The Encryption Tightrope: Balancing Americans' Security and Privacy In common with other hearings the various witnesses called to speak have already submitted their written testimony, so we can already look at it and analyse it. more
The newly proposed British spying law, the Investigatory Powers Bill (IPB), is reported to include methods that would permit the British government to order companies like Apple to re-engineer their own technology, similar to current demands from the FBI. In addition, if the law passes, it would be accompanied by a gag order. more
The Internet Society today expressed concern over the recent order from the United States District Court for the Central District of California requiring Apple to bypass or disable the auto-erase function on a seized iPhone and to enable the FBI to more effectively conduct a brute force attack on the device. more
The U.S. Senate today passed legislation placing a permanent ban on states' taxing Internet access, sending the measure to President Obama for signing into law. more
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