On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more
The Advocate General, top advisor to the European Court of Justice, has issued an opinion today about Internet anonymity, Electronic Privacy Information Center reports. more
On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ... more
The new year is upon us and it's time for our annual look at CircleID's most popular posts of the past year and highlighting those that received the most attention. Congratulations to all the 2016 participants and best wishes to all in the new year. more
In India, whilst the Intellectual property owners continue to face the problems of counterfeiting and infringements of their brand names/trade marks, the emerging trend amongst misusers appears to be adopting famous/well known marks as a part of their trading style/corporate name. Obviously, the intention is to choose a name that is easy to recollect and gives the impression of being associated with a well-known company. More often than not, in order to claim honesty in adoption, the marks are adopted in relation to a different business as that of the IP holder. Also it is common among misusers to slightly twist the name or add a descriptive suffix/prefix to the well-known mark. more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
I have pointed out in earlier posts that some panelists disapprove of the business of speculating in domain names. There have been a succession of decisions expressing this view beginning with <crew.com> discussed below. Forfeiture has been justified with a mixture of theories. If the offering price is allegedly "excessive" or the domain name is passively held, or the respondent has renewed its registration after the mark is first used in commerce, the panelists find respondents have engaged in unlawful conduct and must forfeit their domain names. more
According to Reuters, Barclays has plead guilty to trying to manipulate foreign exchange rates, and has agreed to pay substantial fines, along with other major banks. Barclays is also the operator of the .Barclays new top-level domain name. This is not a case where it's a single rogue employee or officer has been found guilty of a financial crime. Here, it is the entire bank (and registry operator) that has plead guilty. more
Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products." more
Barclays Bank is a .brand pioneer, having recently announced plans to migrate its primary online presence to two new gTLDs it will operate on its own behalf. But Barclays Bank has also just plead guilty to a major financial services felony and been fined $2.4 billion for that criminal activity. While the new gTLD Registry Agreement is clear that a registry operator must remove any officer or director convicted of a felony, it is ambiguous in regard to whether the Agreement can be terminated when the operator itself has been found to have operated a criminal enterprise. more
Black's Law Dictionary defines it as "the extraterritorial operation of laws; that is, their operation upon persons, rights or jural relations, existing beyond the limits of the enacting state, but still amenable to its laws. The term is used to indicate jurisdiction exercised by a nation in other countries, by treaty..." Extraterritoriality is also the most significant emerging development today in the law shaping virtual network architectures and services that includes OTT and NFV-SDN. more
In a previous CircleID article, it was discovered and documented that NAF Panelists and Complainants were systematically copying/pasting nonsense into UDRP decisions. It has been a couple of months with no action by ICANN, and no public statement by NAF. In a shocking new development, though, it turns out that NAF has quietly edited a past UDRP decision! more
According to media sources, the National Telecommunications and Information Administration (NTIA) wrote to Verisign last Friday, objecting to the company's plan to auction o.com to the highest bidder. The planned release for o.com - described by the Second Amendment to the .com Registry Agreement and intended as a pilot for the remaining reserved single-character .com names - involved an opaque consideration process that ignored community input and set aside hard-won trademark protections developed by stakeholders in order to maximize dollars earmarked for an unidentified cadre of non-profit organizations. more
Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more
"U.S. Authorities Charge Owner of Most-Visited Illegal File-Sharing Website with Copyright Infringement" – statement issued by United States Department of Justice on Thursday: "U.S. authorities have charged the alleged owner of today's most visited illegal file-sharing website with criminal copyright infringement and have seized domain names associated with the website." more
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