The World Intellectual Property Organization (WIPO) has sent to ICANN a letter proposing Paperless Uniform Domain Name Dispute Resolution Policy (UDRP)... This would save considerable amounts of paper, reduce courier charges (as the notice weighs far less than the full complaint), and thus would be good for the environment. more
While doing research for a paper on telegraph codebooks, I was reminded of something I had long known: one could have short addresses for telegrams. A short article in The New Yorker described how it worked in New York City. Briefly, one could pick more or less any name that wasn't in use, and list it with the Central Bureau for Registered Addresses... more
Domain name disputes have been on steady rise for the past several years and have more than doubled since 2003. As reported today by Pingdom, while there was a period between 2000 and 2003 when the number of domain dispute cases declined, they have been continuously increased since 2003 with most cases involving more than one domain name. more
The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases against individual file sharers. The RIAA now says it will focus less on pursuing infringement litigation and more on working with internet service providers to shut down the accounts of individuals suspected of illegally trading files. more
Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more
A trademark owner who notices that someone else has registered a domain name incorporating the owner's mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for short). This often serves as a quicker and less expensive alternative to pursuing the cybersquatter in court. To be successful under the UDRP, the "Complainant" has to show all of the following three elements... more
The essay outlines a market-driven and value-adding solution to brand use in domain names. The solution relies heavily on the Electronic Frontier Foundation's remedy to music file sharing. I propose its adoption for new registrations and renewals. Brand sharing in domain names is here to stay; desperate attempts to stop it through legal action are ineffective and will do nothing but destroy value. more
A recent law suit in Kentucky has attracted world-wide attention because it could create a very dangerous precedent – the application of local law to the domain name system and Internet web sites that are available globally... Even though the Kentucky case only involves Kentucky gambling laws, the dangerous precedent is that regimes around the world with oppressive local laws restricting speech or religion might attempt similar litigation. more
In a widely reported court case, Facebook won an $800M default judgment and injunction against a Montreal man named Adam Guerbuez, who has a long and sordid history. But it probably won't make any difference. The problem is that he's in Canada. more
A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address. more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
ICANN has sent EstDomains a termination notice: "BBe advised that the Internet Corporation for Assigned Names and Numbers (ICANN) Registrar Accreditation Agreement (RAA) for EstDomains, Inc. (customer No. 919, IANA No. 943) is terminated..." more
Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... more
Regular readers of this site would be familiar with the ongoing legal battles involving the practice of typosquatting; the registration of misspelled domain names of well know brands with the intention of making a profit. Taking advantage of the fact that millions of online users mistype addresses of websites they intend to visit, typosquatters register common misspelled versions of popular sites and make money by displaying ads. Google's AdSense for Domains (AFD) program, often used for displaying such ads, has been particularly targeted by trademark owners which according to McAfee's SiteAdvisor, serves ads on more than 80% of typosquatting sites recently uncovered. more
This week ICANN held a public consultation in Washington, D.C., where ICANN's President's Strategy Committee (PSC) solicited remarks from a packed audience of intellectual property (IP) lawyers, domain name registrars and other Internet stakeholders on how the organization can improve institutional confidence. No surprise, ICANN's decision to add new generic top-level domains (gTLDs) to the Internet was on many participants' minds. more
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