Law

Trademark Owners’ Rights to Corresponding Earlier Registered Domain Names

As I pointed out in last week's essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case... more

ICANN Wins a Very Weak TLD Lawsuit

Back in the 1990s as the Internet was starting to become visible to the world, several people had the bright idea of setting up their own top level domains and selling names in competition with what was then the monopoly registrar Network Solutions (NSI). For these new TLDs to be usable, either the TLD operators had to persuade people to use their root servers rather than the IANA servers, or else get their TLDs into the IANA root. Attempts to get people to use other roots never were very successful... more

It’s Time to Talk Solutions on Mass Surveillance

The public discussion of surveillance one year on from the Snowden revelations remains a search for the biggest sinner. New stories 'outing' countries and companies are great transparency and essential for healthy societies but they have a side effect that isn't so benign: they create an evergreen source of new justifications for security services to demand more money for a surveillance and counter-surveillance arms race. more

Multiple (Even Random or Garbled) Domain Names to Bypass Spam Filters Not a Violation

The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held that the transmission of "commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters" does not violate California's spam statute. more

UK Bill Ups Prison Term for Online Piracy from 2 to 10 Years

The UK government has unveiled its latest Digital Economy Bill as part of an "ambition for the UK to be the most digital nation in the world". more

Compliance Overhaul a Start

ICANN is clearly changing with the new CEO making immediate changes to the organizational structure and Compliance announcing a number more effective tools and procedures at Sunday's At-Large Advisory Committee (ALAC) and Regional Leadership Meetings. It seems very ambitious and they will need to be because our year-long research, publicly distributed here for the first time, shows a complete breakdown in ICANN's Compliance functions on every level possible. more

A Landmark Standards Human Rights Judgment

On 5 March 2024, the Grand Chamber of the Court of Justice of the European Union handed down a landmark judgment that was years in the making. The case is formally known as C 588/21 P, Public.Resource.Org and Right to Know v Commission. The Judgment of the Court is identified as ECLI:EU:C:2024:201. more

Cyber-Terrorism Rising, Existing Cyber-Security Strategies Failing, What Are Decision Makers to Do?

While conventional cyber attacks are evolving at breakneck speed, the world is witnessing the rise of a new generation of political, ideological, religious, terror and destruction motivated "Poli-Cyber™" threats. These are attacks perpetrated or inspired by extremists' groups such as ISIS/Daesh, rogue states, national intelligence services and their proxies. They are breaching organizations and governments daily, and no one is immune. more

Why Are Internet Security Standards Badly Deployed and What to Do About It?

In 2019 under the aegis of the Internet Governance Forum, a pilot project was conducted into the causes of and solutions for the, in general, slow deployment of internet security standards. Standards that on mass deployment make the Internet and all its users safer, indiscriminately, immediately... Recently the report 'Setting the standard. For a more Secure and Trustworthy Internet. The Identification of Pressure Points in Society to Speed up Internet Standards Deployment', was published on the IGF website. more

12 Common Mistakes Made By Bad Faith Cybersquatters

Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more

What Due Diligence Satisfies Domain Name Registrant’s Representations (UDRP)?

Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more

How Not to Get Your Mail Delivered

A small company in suburban Philadelphia called Holomaxx recently filed two lawsuits against large webmail providers, complaining that they weren't delivering mail from Holomaxx. The first suit is against Microsoft and Return Path, and the second suit is against Yahoo and Cisco/Ironport. Neither is going anywhere. more

Why WIPO’s Proposed Fast-Track UDRP Process is Flawed

In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more

Microsoft Files Three More Cybersquatting Cases

Microsoft has filed 3 cybersquatting cases at the beginning of September 2007, as reported in an Inside Indiana Business article. I took the liberty of accessing the cases via the PACER system, and posted the major documents... It looks like they're stepping up efforts to defend their trademarks, and seeking big damages in court, rather than go the way of the UDRP. These cases demonstrate that new TLDs should not be a priority with ICANN until the problems in existing TLDs are addressed. more

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more