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The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. more
The afternoon of 13 December in Dubai is notable for one important deadline -- "declaration" if a Nation State is willing to accept the obligations of the resulting treaty instrument and if so, subject to what conditions. It is worth emphasizing that multilateral treaty instruments are serious constraints on a Sovereign's powers, and most nations even if they do sign, make general declarations that provide escape routes to the obligations. more
The introduction of unlimited numbers of new generic Top-Level Domains (gTLDs) has increased customer and company confusion about the role of brand names and their product labels, as noted in an earlier post. This essay outlines the various possible scenarios for coupling TLD branding and labeling, and it explains why duplicating the benefits of branding under.com may be difficult. more
If you missed attending or listening to the live stream of the US Federal Communication Commission's (FCC) workshop on the transition of the Public Switched Telephone Network (PSTN) to new technologies that was held last week on December 6th, the FCC has very nicely made a video recording available from their website for viewing... FCC Chairman Julius Genachowski also appeared briefly to provide a few comments. more
Google will invest 600 million euro (roughly $700 million USD) to construct its first Danish datacenter. The company says the site will be matching its energy use with 100 percent carbon-free energy. more
Until today's announcement by Canon, no large brand had broken the "thin brand line" by revealing their plan to apply for their own new top-level domain. Now with Canon's announcement, other major companies have been challenged to either announce their TLD plans or else state that they plan to forgo the chance to brand themselves at the top level of the domain name space. more
Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Monday, November 30, 2015. Find out more information about the positions and the required qualifications. more
WhatsApp is now broadly disrupted in China including text messages which were going through despite China's censorship of the app beginning mid-July which only effected photographs and video chats. more
The advance teams are already gathered in Tunisia ahead of next week's second phase of the World Summit on the Information Society, and those of us on the press list are being deluged with announcements, releases, notices and invitations to meetings. The meeting, which runs from 15-18 November, is an opportunity to look at the progress that has been made since December 2003, when representatives and heads of state gathered in Geneva. more
In the ongoing war for mobile messaging dominance and "what will replace SMS", Facebook has decided to annoy a serious part of their user base and force all mobile users to move to Facebook's separate Messenger app. In a short period of time, you will be forced to install the Messenger app if you want to send messages to Facebook friends while using your iOS or Android mobile phone. more
No one can have failed to notice that the last IPv4 address will soon be allocated. We have lived with a shortage of addresses for 15 years, but when the last address is allocated, the shortage will become acute, instead of just a pain, as it is today... In The Hitchhiker's Guide to the Galaxy, Douglas Adams describes the least expensive and most effective method for making something invisible. You simply decide that it is Someone Else's Problem or SEP, if you abbreviate. This is an approach that is frighteningly similar to the Swedish public sector's view of the address shortage on the Internet. "It is not our problem -- if we ignore it, it will probably go away." more
Over the past few years, cyberattacks and internet harassment have escalated against abortion clinics intended to disrupt services, intimidate providers and patients. more
Atrivo (aka Intercage), a Concord, California-based Internet hosting service, disappeared from the Internet for around two days recently. They didn't go bankrupt or suffer a physical catastrophe. Their providers simply shut them down by refusing their traffic. This might very well be the first time in history that the Internet community, a cooperative association of networks with no governing body, has collectively put someone out of business, if only briefly. more
Foggy Bottom is the local affectionate name for the U.S. State Department -- because of its location near a former low-lying Potomac River lagoon in Washington DC. It recently announced the appointment of Nate Fick as the head of its "Bureau of Cyberspace and Digital Policy," pending Congressional approval because it is wrapped up with ambassadorial status. The term "cyber" in this international diplomacy context has come to include all manner of electronic communication and information systems and services, i.e., ICT. more
Today, there is demand for more broadband as people realize the importance of being connected to the Internet, whether to access websites, stream entertainment, attend school, attend family events, work remotely, and so much more. This demand has been driven by the success of today's Internet. It is now time to recognize the Internet as infrastructure. The Internet's best-effort approach has allowed us to share the abundant capacity latent in the existing facilities by converting all traffic into packets. more
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