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Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more
Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products." more
Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG domain? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Monday, November 24, 2014. More information, qualification requirements and the submission form can be found here. more
The introduction of new Internet domains to the global marketplace has the potential to dramatically grow the domain name marketplace, increasing the value of domain names, driving new demand for registry services and opening new markets for registrars and registries alike. Because VeriSign operates .com -- the legacy generic top-level domain (gTLD) -- many in the Internet community have assumed that we would oppose the introduction of new gTLDs. The truth is quite the opposite. more
Will current failed ICANN direction on the New generic Top-Level Domains (gTLDs) doom its Regime to follow the fate of Mubarak, Ben Ali, and soon Kaddafi's? The whirlwinds of change we all have witnessed that started blowing in Tunisia, moved to Egypt and is now engulfing Libya, Yemen, Jordan and soon many others, have signaled a revolutionary way of thinking not just at local or regional levels but I believe on global levels too. more
Saipan DataCom, Inc.’s upcoming late March 2009 open launch of chi.mp (“Content Hub & Identity Management Platform) has implications for trademark holders that seem to have gone unnoticed to date. Chi.mp is a free platform that enables social network users to create social hubs on their own stand-alone hosted Web sites... As an attorney representing both trademark owners and domain name registries, I see chi.mp as a unique situation. more
Trying to make sense of the nearly 2000 new TLD applications is not something that anyone can do quickly. Sure, you can look at the list and see who has applied for what, but it's only when you actually read the "public" part of their submission that you can get an insight into their plans. Let's call a spade a spade. If a big brand wants to get its own TLD then it's pretty much their own business how they use it, as long as they don't do any "harm" to the rest of the internet ecosystem... more
We used to think of computer networks as being constructed using two fundamental common infrastructure components: names and addresses. Every connected device had a stable protocol address to allow all other devices to initiate a communication transaction with this device by addressing a data packet to this protocol address. And every device was also associated with a name, allowing human users and human use applications to use a more convenient alias for these protocol addresses. more
Six months following the April 11th issuance of the Beijing Communique by ICANN's Governmental Advisory Committee (GAC), ICANN continues to wrestle with whether to accept the bulk of the GAC's proposed safeguards for new gTLDs as set forth in Annex 1 of that document. On October 1st ICANN Board Chairman Stephen Crocket sent a letter to GAC Chair Heather Dryden summarizing the results of the September 28th meeting of the New gTLD Program Committee (NGPC) that considered the remaining and still undecided advice received from the GAC. more
2014 was a big year for us and for our clients. The new gTLD program forced us to rethink, reprioritize and implement new and different strategies to protect our brands online. The uncertainty largely behind us, and with more information at our fingertips about just how well (or not) brands are faring in the new environment, it's time to look forward to what we can do in 2015 to fix what's broken, throw away what's useless, fight for what's important... more
The US Senate Committee on Commerce, Science and Transportation Hearing on ICANN's Expansion of Top Level Domain Names on December 8, 2001 was all about strategy. The strategy was simple: while the world has its attention turned to the debate on the copyright legislative proposals of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, let's have another ICANN hearing and try to re-open trademark protection for new gTLDs. more
The Technology Policy Institute (TPI), an IT and communications policy think tank, has just released a paper proposing that "ICANN's governance structure should be dramatically reformed to make it more accountable before the current tie with the U.S. Department of Commerce is allowed to expire." The paper titled "ICANN At a Crossroads: a Proposal for Better Governance and Performance" is written by Thomas M. Lenard, President and Senior Fellow at TPI, along with Lawrence J. White, Professor of Economics at the NYU Stern School of Business. The 52-page study also asserts that ICANN must have a clear focus on encouraging competition with minimal role as a regulator with respect to the creation of new generic Top-Level Domains (gTLDs). more
I strongly believe there is a serious "breach" in the Applicant Guidebook: I checked the scoring, I checked the possible objections, I am aware of the Governmental Advisory Committee (GAC) early warning but I really could not find how ICANN is going to avoid Community applications to be submitted as Standard ones. The role of ICANN is to offer a solution to launching new generic Top-Level Domains, it is no party in saying whether a new gTLD is a Community or not. more
I didn't see the Fortune article Are domain names recession proof until the weekend, and being the author of the now infamous Domain aftermarket overdue for an asset repricing last year I feel somewhat obligated to comment on it. So, how will domain names fare in a recession? The Fortune article was upbeat... more
As previously noted, the U.S. Senate Committee on Commerce, Science, and Transportation today held a full committee hearing on ICANN's expansion of top level domains (TLDs). The hearing was held to examine the merits and implications of the program and ICANN's efforts to address concerns raised. ICANN will begin accepting applications for new TLDs on January 12, 2012. more
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