UDRP

Law and Disorder: When .Brand Meets .Crime

Barclays Bank is a .brand pioneer, having recently announced plans to migrate its primary online presence to two new gTLDs it will operate on its own behalf. But Barclays Bank has also just plead guilty to a major financial services felony and been fined $2.4 billion for that criminal activity. While the new gTLD Registry Agreement is clear that a registry operator must remove any officer or director convicted of a felony, it is ambiguous in regard to whether the Agreement can be terminated when the operator itself has been found to have operated a criminal enterprise.

Senate Judiciary Leaders Ask New IP Czar to Facilitate ICANN-Focused Conversations

Daniel Marti was nominated to become the new White House "IP Czar" in August 2014 to replace Victoria Espinel. His predecessor, in yet another illustration of Washington's "revolving door" shuffling key individuals between the government and private sector, departed the post a year earlier to become head of BSA/The Software Alliance, the leading trade group for the software industry.

ICANN.WTF? FTC & OCA Asked Whether .SUCKS is a Law Breaker (Part I)

On April 9, 2015 ICANN took the unprecedented step of asking two national consumer protection agencies whether the .Sucks registry, one of the new gTLDs it has approved and which is currently in its sunrise registration period, has a business plan which violates any laws or regulations those agencies enforce. This is the equivalent of sending a message stating, "Dear Regulator: We have lit a fuse. Can you please tell us whether it is connected to a bomb?"

What to Know About an ICANN Compliance Audit, and How to Handle One if You Are Selected?

Now that new gTLD registries have been operating for more than a year, a few registries have already experienced going through an audit and a few more are now receiving notifications that they are next in line. For all, the process of going through an ICANN audit is a first. Once you receive the Request for Information (RFI), you will have 15 days to respond, or seek an extension of time. Extensions may be available on a case by case basis.

Estimating Trademark Claims Notice Suppression of Non-Infringing New gTLD Registrations

On February 2nd ICANN staff announced the release of a Draft Report: Rights Protection Mechanisms Review that is open for public comment until May 1st. This Draft Report is preliminary to an Issues Report requested by the GNSO Council that is due to be delivered by September 30th, and that may set the stage for a Policy Development Process (PDP) on Rights Protection Mechanisms (RPMs) that could commence in 2016. Such a PDP could consider comprehensive reform of these RPMs as well as of the Uniform Dispute Resolution Policy (UDRP).

ICANN: Our Top 3 Policy Priorities for 2015

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...

The Empire Strikes Back: “New” Verisign Hums a Familiar Tune

Losing your monopoly must be hard. True, few companies ever experience that particular breed of angst, but if Verisign's reply to even modest success in the new gTLD marketplace is any indication, it must be very hard to say goodbye. We understand why they're worried... The quality of newly registered .COM names is dropping and has been for years. And there is nothing Verisign can do about it. So welcome to the fire sale.

The Real Facts About New gTLDs

Many with financial interests in new gTLDs, such as Donuts, have painted a rosy picture of how new gTLDs create greater availability of meaningful domain name options that the global masses have been waiting for. Their message seems to be: FINALLY, there is an alternative to .com in new domain extensions like .guru, .photography, .blackfriday and .tips. But, the reality is that we have always had options other than .com to choose from when registering a domain name. The challenge isn't choice, its relevance and credibility.

New .VIN Domain Names: What About Accents?

What exactly is that "reserved list of names" Fadi Chehadé refers to in his letter dated October the 22nd? If we already have an idea, we wonder if they considered protecting more than just "accents". The name of Hogan Lovells was mentioned in the last Safebrands "RINDD" and their input on this question is welcome if they are the company to be working on that list.

ICANN 51: Los Angeles - Getting Ready for a Big 2015

Earlier this month, the Internet Corporation for Assigned Names and Numbers (ICANN) held its 51st public meeting in Los Angeles. Once again, MarkMonitor joined stakeholders from across the globe to discuss issues ranging from government control over the Internet, to key lessons learned thus far from the new gTLD rollout. This coming year promises to be a big one for ICANN, and for the business and brand community as a result.