Last month Pool.com and Quintaris started a joint project to let consumers pre-order – without cost – domain names in new generic Top-Level Domains (gTLDs) for which ICANN will likely get an application. Latest stats released from the group is showing strong demand -- about 10,000 per day in the first month of the program... more
News broke this week about an attack in Puerto Rico that caused the local websites of Google, Microsoft, Yahoo, Coca-Cola, PayPal, Nike, Dell and Nokia to be redirected for a few hours to a phony website. The website was all black except for a taunting message from the computer hacker responsible for the attack... more
On April 21st the Internet Commerce Association submitted a formal request to Mr. Frank Fowlie, ICANN Ombudsman, requesting an immediate investigation of the non-compliance of the Implementation Recommendation Team (IRT) with applicable provisions of ICANN's Bylaws. The IRT was created by a March Resolution adopted by the ICANN Board during its Mexico City meeting, and was charged with proposing "solutions" to the concerns of trademark holders. Unfortunately, the IRT has chosen to operate in a non-transparent manner... more
Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more
With the recent attacks against high-profile New Zealand domain names including Coca-Cola.co.nz and F-Secure.co.nz, fingers are naturally pointing to Domainz, the registrar of record for these domains, as the party responsible for this lapse in security. While domain name registrars certainly need to ensure the security and stability of their systems, domain name registries must also step up and take responsibility for mitigating risks posed by hackers... more
Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more
As reported last July, there is a proposal from some Flemish politicians to create a .vla top level domain under the new gTLD process launched by ICANN. The proposal further elaborated that the Flemish government would have to cover the costs. Not so fast, says the Flemish government... more
Nearly ten years ago, the Government of Canada wrote a letter to the chair of the Canadian Internet Registration Authority (CIRA) that set out the framework for the management of the dot-ca domain. The government articulated a vision of the dot-ca domain as a “key public resource” and called on CIRA to act in an open and transparent manner. CIRA has long sought to live up to those standards, but in recent months the organization has shown an unmistakable shift toward prioritizing commercial gain over the public interest along with a troubling move toward secret decision making... more
According to latest reports from the World Intellectual Property Organisation (WIPO), allegations of cybersquatting by trademark holders continued to rise in 2008, with a record 2,329 complaints filed under the Uniform Domain Name Dispute Resolution Policy (UDRP). This represented an 8% increase over 2007 in the number of generic and country code Top-Level Domain (gTLDs and ccTLDs) disputes handled and brings the total number of WIPO cases filed under the UDRP since it was launched ten years ago to over 14,000. To improve efficiency and respond to growing demand, WIPO has proposed an "eUDRP Initiative" to render the UDRP paperless... more
The Mexico City ICANN Conference was more eventful than some of us had anticipated. Among the highlights was Paul Twomey's announcement that he is stepping down as President and CEO of ICANN effective on June 30... Before the Conference, ICANN had released the second draft of its Guidebook for new generic Top-Level Domains (gTLDs). It was not greeted with universal acclaim... 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
The draft New gTLD Applicant Guidebook (version 2) has been released along with an analysis of the comments to the prior version. The documents are voluminous. I glanced at the revised draft Base Agreement, and it's clearly unacceptable as there continue to be no price caps in place to protect domain name registrants... more
During the sunrise period for .eu domains there was quite a bit of controversy, as a number of high profile names were grabbed by companies that had no legitimate right to them. One of the domains that caught my attention at the time was dublin.eu (see Irish Times article). So what about the .tel sunrise?
Were companies like Lantec, who grabbed the dublin.eu domain, actively seeking high profile names this time round? more
Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more
The following is an analysis based on the hypothesis that trademark holders are not, in general, registering their trademarks as domain names across the existing top-level domain namespace. To determine if the hypothesis is true, we examine domain names registered in the popular generic top-level domains ("gTLDs" such as .com, .net and .info), also using other publicly available information such as the USPTO database of trademarks, the English dictionary, DNS entries, UDRP records and whois records. more
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