Registry Services

Google & eBay, Keywords & Domains, & ICANN

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).

Putting String Similarity into Context: Bulgaria’s IDN (.??) vs. Brazil’s ccTLD (.br)

Bulgaria is a nation which is directly impacted by the current Fast Track automatic disqualification when Top-Level Domain (TLD) strings are "confusingly similar" to other TLDs, in this case an Internationalized Domain Name (IDN) country code Top-Level Domain (ccTLD). Bulgaria has already been declined twice (in late 2009, and in May of 2010) to register the *.?? Cyrillic IDN on the premise that it looks confusingly similar to Brazil's *.br ASCII TLD. Being a native Bulgarian, I did not see how these two strings are similar

Want a New gTLD? Some Items to Consider

Over three years ago ICANN boldly announced that the top level of the domain name system would be opened up to new registry operators. As we now approach a likely spring 2011 launch, a number of key issues remain unresolved including how trademarks will be protected.

Psst - Interested in Some Lightly-Used IP Addresses?

The Internet Service Provider (ISP) community is carefully watching the impending depletion of the unassigned IPv4 address pool. Most estimates place the depletion of the central pool of unassigned IPv4 addresses by mid-2011. After that, each Regional Internet Registry (RIR) will continue to satisfy requests for additional IPv4 space for a limited time (depending on the rate of incoming requests and the amount of address space on hand in the RIR at the time of central pool depletion).

New gTLDs and Their Hidden Costs: Part 2

In my last post I discussed some questions that remain about ICANN's generic Top-level Domain (gTLD) budget. Today I discuss the rights protections mechanisms as they currently appear. An economic study commissioned ICANN to analyze the new gTLD process recently concluded that "the biggest likely costs" of approving new gTLDs are "consumer confusion and trademark protection."

New gTLDs and Their Hidden Costs: Part 1

New generic Top-Level Domains (gTLDs) appear to be headed for introduction next year, finally. That's a good thing for many ICANN constituents who have been waiting for them to become available. Important questions persist about how new gTLDs will affect ICANN and its constituents, however, despite a lot of effort to resolve concerns. Pressing those questions should not be taken as criticism of the basic wisdom of making new gTLDs available to many constituents under many circumstances. But too much is at stake not to get it right.

DNS RPZ, Malicious Domains… Bring Your Own Policy. Dress Casual.

Paul observed that most new domain names are malicious. Are they? Since the "dawn of tasting", some 30 million domain names have been created for the purposes of interposition on existing name to resource mappings. That is a third of the .COM historical growth, and mostly in the last five years. ... It is difficult not to conclude that interposition on persistent, public referents is without malice, and that the malicious parties are advertisers seeking to transform public referents into private property, as promotional devices...

Taking Back the DNS

Most new domain names are malicious. I am stunned by the simplicity and truth of that observation. Every day lots of new names are added to the global DNS, and most of them belong to scammers, spammers, e-criminals, and speculators. The DNS industry has a lot of highly capable and competitive registrars and registries who have made it possible to reserve or create a new name in just seconds, and to create millions of them per day. Domains are cheap, domains are plentiful, and as a result most of them are dreck or worse.

New TLD Application Tip: Launch Strategies

Almost exactly nine years ago, the .INFO domain first started accepting registrations. This was an historic event as it was the first time a new generic top-level domain (TLD) was launched to an existing domain marketplace and, in fact, was the first new TLD to be added since .com. We've seen (and provided technology to power) many other TLD launches since then, with many business models. As you seek to introduce your own new TLD however, you should carefully evaluate the different launch models that have been tried before and determine which one will work best for your specific TLD.

Brand Protection Domain Registrations: There Are More Than You Think

One of the major problems for brand owners is protecting the brand in new TLDs. Most new Top-Level Domain (TLD) registries will depend on brand protection registrations for a major part of their registration volume and some may become almost completely dependent on these registrations if the new TLD fails to capture the public's imagination. Short of comparing the registrant data for each individual domain, there is no 100% accurate method of measuring the level of brand protection registrations in a TLD.