When applying for a new gTLD, what happens if two applications for the same extension are a city and a family name? Which one wins? Let's imagine that a person whose family name is "Marseille" applied for the .MARSEILLE new gTLD in the next round of the ICANN new gTLD program. What if there was a .MARSEILLE new gTLD too but as the name of the French city? more
VeriSign makes a great deal of money from the .COM and .NET registries. Can we tell how much they make, and how much that might change if the CFIT lawsuit succeeds? It's not hard to make some estimates from public information. The largest gTLD registry that VeriSign doesn't run is .ORG, which was transferred a few years ago to the Public Internet Registry (PIR) which pays Afilias to run the registry, and uses whatever is left over to support the Internet Society (ISOC)... more
The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more
The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more
Experts fear European Union court case attempting to keep personal data private could backfire and prove damaging to Europe. more
A US District Judge in Maine largely granted a motion to dismiss brought by Hannaford in a big data breach case... According to the court, around March 2008, third parties stole up to 4.2 million debit and credit card numbers, expiration dates, security codes, PIN numbers, and other information relating to cardholders "who had used debit cards and credit cards to transact purchases at supermarkets owned or operated by Hannaford." more
Analysis could also affect liability of enterprises using cloud computing technologies... Local elected official Steinbach had an email account that was issued by the municipality. Third party Hostway provided the technology for the account. Steinbach logged in to her Hostway webmail account and noticed eleven messages from constituents had been forwarded by someone else to her political rival. more
The Recording Industry Association of America (RIAA) has been taking a lot of people to court -- basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost... again. ...At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. more
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
Canada's Anti-Spam Law, CASL, is now a done deal. Last Thursday, Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today, Minister of Industry the Honourable James Moore announced CASL will come into force in July 1, 2014. more
What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more
A few days ago I wrote about a piece of my intellectual property, an article I wrote and posted on DaileyMuse.com, being stolen, plagiarized, and posted on another web site under a different authors name. I hadn't been looking for my work elsewhere, I was simply browsing the access logs and visiting other websites that stood out. As a result of finding my work posted elsewhere without my permission, I contacted the owner of the website by email and provided 24 hours to remove the content before I pursued legal action. more
Here is a list of the most viewed news and blog postings that were featured on CircleID in 2008... Best wishes for 2009 and Happy New Year from all of us here at CircleID. more
KnujOn has retrieved a document indicating that the ICANN-Accredited Registrar Abacus America is in Corporate Delinquency in the state of Kansas. Kansas defines a company as Delinquent if "The business entity has not filed its annual report and fee by the due date." ... This incident is significant because Abacus America was cited by LegitScript and KnujOn for sponsoring an unlicensed pharmacy selling Schedule 3 substances... more
The 2004 criminal spam case against large-scale spammer Jeremy Jaynes, which I've covered in several previous blog entries, appears to have come to an ignominious end with the state supreme court throwing out the law under which he was convicted. The Virginia anti-spam law was one of the first in the country with criminal provisions, but it failed due to the way that First Amendment cases are treated differently from all other cases. more
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