When Two Trademarks Aren’t Confusingly Similar to One Trademark

As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. more

CFR Report: Reversing IANA Transition by Trump Administration Would Be a Grave Mistake

Council on Foreign Relations has released a brief today authored by Megan Stifel, former director for international cyber policy at the U.S. National Security Council in the Obama administration, urging Trump administration to not back away from the IANA transition and to instead invest in the multistakeholder process. more

Commercial Incentives Behind IPv6 Deployment

The Best Practice Forum (BPF) on IPv6 at the Internet Governance Forum (IGF) explored what economic and commercial incentives drive providers, companies and organizations to deploy IPv6 on their networks and for their services. The BPF collected case studies, held open discussions online and at the 2016 IGF meeting, and produced a comprehensive output report. This article gives a high-level overview. more

2017: The Year of dotBrand

With over 600 "dot Brands" applied for in 2012, and hundreds now launched, 2017 seems poised to be the Year of dotBrand! "dotBrands" are top level domains (TLDs) that use the brand name to the right of the dot, as in www.mabanque.bnpparibas or www.home.cern. Many large companies across nearly every industry applied, including Google, Amazon, Citibank, VISA, McDonalds, Sony, HBO, Alibaba, and Hermes. more

Considering a Vulnerability Disclosure Program? Recent Push Raises Questions for General Counsel

Several years ago, vulnerability disclosure programs, also called "bug bounty" programs, were novel and eyed with suspicion. Given sensitivities and potential liabilities, companies are wary of public disclosure and hackers seeking to exploit research. When a hacker presented a flaw to a company, the company was more likely to be concerned about taking legal action than making a public announcement or offering a reward. That is changing. more

Trump, Tides, and the US Tech Sector

When a tax is too high people avoid it, and when the political cost of supporting the US government becomes too high, foreign governments will avoid it too. Add to that cost America's new inclination to withdrawal, and consider the muddy tidal flat on which could soon list the hull of what used to be American technological primacy... When countries try to develop technology policies to compete with the United States, they often begin with rules over immigration. more

Must IETF, ICANN Stop Meeting in the U.S.?

With Trump's "extreme vetting" extending to Pakistan and others, nearly all U.S. institutions with a global reach will be cut off from some members. Internet Society Board Member Walid Al-Saqaf, from Yemen, can't attend the IETF meeting next month in Chicago. Board Member Alice Munyua from Kenya may also have to skip the event. "There is a high threat from terrorism in Kenya," the British government reports. Kenyans likely will require extreme vetting. ICANN board member Kaveh Ranjbar, born in Iran, has also been appointed to the IETF Administrative Oversight Committee. more

The International Telecommunication Union and the Trump Administration

The question is not uncommon these days for someone who has been the principal historian on the ITU over the past 40 years. The short answer is that the institution should do just fine. Indeed, the appearance of bizarre phenomena like Trump, enhance the value and trustworthiness of a stable, globally inclusive intergovernmental venue dealing with matters that by their nature require worldwide cooperation and is buttressed by one of the most highly regarded Secretary-Generals in its history. more

An Ethnographic Study - What are Cubans Doing Online?

Aida Zeki?, a student at the University of Uppsala, Sweden has published her master's thesis, "Internet in Public: an ethnographic account of the Internet in authoritarian Cuba." The thesis reports on interviews of 50 Cuban Internet users at nine WiFi hotspots in Havana during September and October 2016. She asked pre-planed, but mostly open-ended questions of 25 men and 25 women. She tried to identify people between 25 and 50 years old, but a few were a little older. more

Should You Pay Ransomware Demands?

Ransomware is a huge problem for small and medium businesses, and the most important question is this: should you pay the ransom? Ransomware has proven a successful revenue generator for criminals, which means the risk to businesses will grow as ransomware becomes more sophisticated and increasing numbers of ethically challenged criminals jump on the bandwagon. more

Internet Governance Outlook 2017: Nationalistic Hierarchies vs. Multistakeholder Networks?

Two events, which made headlines in the digital world in 2016, will probably frame the Internet Governance Agenda for 2017. October 1, 2016, the US government confirmed the IANA Stewardship transition to the global multistakeholder community. November 2, 2016, the Chinese government announced the adoption of a new cybersecurity law which will enter into force on July 1, 2017. more

Will Harding’s Mistakes in International Telecommunication Cooperation be Repeated?

The International Telecommunication Union recently began a well-deserved celebration of one of the real success stories in international cooperation -- the 110th anniversary of the Radio Regulations as a treaty instrument. An ITU publication describes the historical highlights. Global cooperation among governments in managing radio spectrum via the Radio Regulations has been generally regarded as essential from the outset in the early years of the 20th Century and remains so today. more

Overseas TLD Registries Licensed by Chinese Government

It was reported that .XYZ, .CLUB and .VIP have obtained official license from the Chinese government. The approval notices can be found on the website of the Ministry of Industry and Information Technology ("MIIT"), the domain name regulator in China. It is the first batch of overseas top-level domains (TLD) being officially approved. Previously, only two legacy TLDs -- .COM and .NET -- have been issued such approval. The "green light" means that Chinese registrars are able to sell these domains legally in China. more

Court Dismisses .Web Lawsuit, Says Agreement Not to Sue Is Enforceable

"Judge Percy Anderson of the U.S. District Court, Central District of California has granted ICANN's motion to dismiss in a lawsuit brought by a subsidiary of new TLD company Donuts," reports Andrew Allemann in Domain Name Wire. more

How Bubbles Decide Elections

The victory of Trump left the world perplexed, it did not take long to appear texts blaming Facebook and its bubble for the unexpected result. The "bubble", a theme that circulated more for the academic and technical spheres gained an unusual popularity in the last days, never saw so many texts on the subject published in such a short space of time, and in the recognized spaces of global journalism. more