Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism they could enable cybersquatting and panelists expressed different views in weighing the legitimacy for their use. Some Panels found high volume registrants responsible for registering domain-name-incorporating trademarks. Others rejected the distinction between high and low volume as a determining factor. more
Today's case involves the classic alleged scenario of a gripe site which used a Plaintiff's trademark in Defendant's web site domain name -- and whether this might be a violation of the Anti Cybersquatting Consumer Protection Act (ACPA). more
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
While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. more
This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... 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
Domain Names composed of generic terms and combinations – dictionary words, random letters, and short strings – have achieved ascending values in the secondary market. DNJournal.com (Ron Jackson) reports on his year to date chart, for example (just a random sampling from the charts) in August 2019 joyride.com was sold for $300,000, in June voice.com sold for $30 million, in July rx.com sold for $1 million, and in January california.com sold for $3 million... The magnitude of the reported sales suggests that businesses have come to depend on resellers than go to the trouble of inventing brand names from scratch. more
New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more
The case Melaleuca v. Hansen has been moving slowly through Idaho federal court since 2007. On Sept 30 the court decided in favor of the defendants. Although the outcome is probably correct, the court's decision perpetuates the misreading of CAN SPAM from the infamous Gordon case that makes it in practice impossible to win a CAN SPAM case in the 9th Circuit. more
There are two essential differences between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA), one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have trademark rights when they file their complaints... more
Comcast has been in the news recently for deliberately "slowing down" some subscribers and applications in its broadband cable service. There was an article in the Washington Post today updating the case, and there was a recent article in Network World that actually favors the groups filing the complaints and calls for the FCC to crack down on Comcast. more
Last month I published an article called "What's Driving Spam and Domain Fraud? Illicit Drug Traffic" which explained how the many of the troublesome online crime issues are related to the online sale of narcotics and dodgy pharmaceuticals. Since this article was published we have witnessed one of the largest international law enforcement efforts against online drug traffic (Operation Pangea II)... more
WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers. more
TechCrunch reports that its brand has been taken as a Twitter name, and that there is a landrush going on to get these names, which are already trading for money. The problem is so bad that a name brokerage, Tweexchange, has sprung up to get to facilitate sales. more
Even as we increasingly discover that every facet of our modern lives now revolve around, and are dependent on the Internet, for which reason its availability, functionality, safety, stability and security are now of great and continuing concern to all of us. These issues have a profound impact on its overall governance. To most of us, during the past three decades, the Internet has always been available, stable, affordable and open; and it should continue this way even as it is controlled and administered in a secure manner... more
A World-Renowned Source for Internet Developments. Serving Since 2002.