The U.S. "Scorecard" for Brussels Proposes Draconian Trademark Rules - And May Mean the End of Unlimited New gTLDs and/or the ICANN Experiment in Private Sector-Led Internet Governance... On Friday, January 28th the U.S. Department of Commerce (DOC) circulated its submission to ICANN's Governmental Advisory Committee (GAC) containing suggestions for what positions the GAC should push for at its February 28 - March 1 meeting with ICANN's Board to air disagreements over provisions of the Proposed Final Applicant Guidebook (AG) for new gTLDs. more
A lot of the people are planning to attend the .nxt conference next month ask me to point out the benefits of new Top-Level Domains (TLDs), and today gave me a fantastic opportunity... If you are thinking of applying for a new TLD and haven't been paying attention to the latest happening with .JOBS, maybe you should be. Though .JOBS has been a bit of a quiet TLD, they've been a favorite of mine because of the specific focus of the extension. more
A personal source close to Bill Clinton has confirmed to us that the former president will give the keynote speech ICANN meeting in San Francisco March 14-18. The meeting promises to produce far more electricity than sleepy NGO-lawyer-techie-academic-lobbyist ICANN attendees are used to. more
ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? more
The announcement that .co has already achieved over 450,000 new registrations since the opening up of the second level a month ago demonstrates that there is strong demand in the global domain name marketplace for quality new domain spaces. Though .co is the country code Top Level Domain (ccTLD) for Colombia, the second-level registrations (i.e. company.co) are available on a global basis and it is being pitched as a direct competitor to the dominant .com gTLD. Google has altered its algorithm to increase the relevance of search results in the .co domain by treating .co as a gTLD... more
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
A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more
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. more
Dialogue is the only way to end cybersquatting. Distrust between brand owners and domain owners (with an assist from some cockeyed business incentives) has turned a problem into a very expensive vicious cycle. Now that ICANN is about to launch new top-level domains (TLDs), negotiations must start immediately or both sides will pile up further loses. Here's how the problem plays out now. more
My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more
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