New TLDs

UDRP: The Liabilities for the Corporations and/or their Lawyers

This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more

New gTLDs: Let the Gaming Begin (Part I - TLD Front Running)

A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more

The Trembling Trademark Owners

Why is so much fear being created in the name of protecting trademark owners? Say, if ICANN allowed some third party a generic Top-Level Domain (gTLD) called .panasonic will the sky fall? No, not at all, as Panasonic, the true and rightful TM holder will hit the unauthorized gTLD with a 2x4 and no judge would oppose issuing a cease-and-desist order. Now the other question is... more

Why Registry Service Providers Should be Accredited by ICANN

The merits of a Registry Service Provider accreditation programs have been debated across the Domain Industry since the most recent round of Domain Name Registries were introduced starting in 2012. This post discusses the early reasoning in support of an accreditation program; changes in the policy considerations between 2012 and now; the effects of competition on the landscape; a suggestion for how such a program might be implemented; and why such a program should be introduced now. more

Preparing for the Launch of the Trademark Clearinghouse

With the Trademark Clearinghouse (TMCH) expected to begin accepting submissions within the next month or so, many companies are now attempting to identify marks for inclusion. As a reminder, the TMCH is a centralized repository of validated rights which will be used in support of ICANN's New gTLD Program. Submissions to the TMCH enable brand owners to register their trademarks as domain names during so-called Sunrise Periods. more

The Mission Has Already Crept

ICANN's mission, and the avoidance of "mission creep", is currently the subject of intense debate in the Internet community. Multiple cross-community working groups are dealing with the proposal by an agency of the United States government, NTIA, to give up the last vestiges of its control of the IANA function. Many of the new organizational structures under consideration purport to deal with ICANN's expanding mission. more

ICANN Paints Itself Into a Corner

ICANN recently commissioned a report from a domain auction company to see whether it would be a good idea to auction Top-Level Domains (TLDs) that have multiple applicants. Remarkably, the domain auctioneers came to the conclusion that auctions are a great idea, which they surely are for some people. But are they a good idea for ICANN? And if ICANN admits they can't evaluate competing applications on their merits, how can they keep the process from turning into another speculative land grab? more

.WEB is ICANN’s First Test of Accountability

Last month, in a much heralded international event, the agreement that ICANN held with the United States Department of Commerce was permitted to lapse and so ICANN became an independent manager of the Internet's addressing system. While some argued that the organization was not "ready" for the transition, the majority of ICANN's multi-stakeholder community, including Afilias, agreed that sufficient accountability measures were in place to ensure that ICANN remains a responsible (and responsive) international organization. more

Why .CHAT Could Be All That .TEL Wanted to Be and More

Almost everyone that has been working in the domain name industry for a while has a story about .TEL. It was introduced in 2005 and went live in 2009 with a flurry of publicity. It was a grand concept aiming to revolutionize the way in which people keep in touch. Unlike traditional domain names, the purpose of a .TEL domain name is to help manage and exchange contact information about people and corporate entities. more

New gTLDs: What Is Really Happening at the Moment?

Many of us have noticed there will soon be a new CEO at ICANN. Actual CEO Rod Beckstrom will be thanked and everyone will congratulate each other...(in English :-). OK, done... But what is really going to happen in Prague? more

2020 Hindsight After 20 Years at ICANN

After two decades of involvement with ICANN, I am stepping down from the Board of Directors, where I served for nine years. I have spent considerable time of late reflecting on the past 20 years, and I have isolated some memories that help frame my time with ICANN. ... November 2000, ICANN07 in Marina del Rey, California - With only a scant idea of what ICANN is all about, I am warmly welcomed by the flag-wearing country code top-level domain (ccTLD) community, who come to ICANN to ensure that nothing happens to affect the independence of ccTLDs... more

Who Will Give Birth to the gTLD’s First Billion-Dollar Domain Baby?

When all you have is a hammer, everything appears to be a nail. The generic Top-Level Domains (gTLDs) are not just about trademark filing and battle posturing or cyber-squatting. They are about the potential to create unusual global intellectual properties offering multiple opportunities for rapid image expansion and - most importantly - the achievement of market domination via name identity. more

ICANN Accountability Deficits Revealed in Panel Ruling on .AFRICA

In an important test of ICANN's primary accountability mechanism, its Independent Review Process (IRP), the organization has been handed a stinging blow over its mishandling of the bid for the new generic Top-Level Domain (gTLD) .AFRICA. At the crux of the issue are two competing applications for the .AFRICA new gTLD and the decision by ICANN's Board to abdicate its responsibility to ensure that ICANN's evaluation and subsequent rewarding of the domain was carried out fairly, transparently, and in accordance with the organization's Bylaws, Articles of Organization, and established policies. more

ICANN Reveals Evaluation Timing for New gTLDs

Having consigned to oblivion the unpopular "digital archery" method of determining who goes first in the new gTLD round, ICANN today announced that it was going to evaluate all new gTLD applications concurrently (the "single batch"), and release all results simultaneously. The decision is a victory for clarity and a very good result for new gTLD applicants. more

How Are ICANN’s New TLDs Doing?

ICANN has now accepted several hundred new top level domains (TLDs) and some of them are now open for general registration. I have sized up for zone file access, so I can download daily snapshots of most of the active zones, and I'm making daily counts of the number of names in each zone. more