UDRP

Using Domain Name Privacy/Proxy Services Lawfully or to Hide Contact Information and Identity

Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism they could enable cybersquatting and panelists expressed different views in weighing the legitimacy for their use. Some Panels found high volume registrants responsible for registering domain-name-incorporating trademarks. Others rejected the distinction between high and low volume as a determining factor. more

The U.S. “Scorecard” for Brussels: Draconian Trademark Rules & The End of Private-Sector Leaders

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

Post Delegation Dispute: A Once Supportable Concept Proposed by the IRT is Now Unsupportable

This comment is being presented in my personal capacity and does not represent the views of my employer (Neustar, Inc.) and its subsidiaries or affiliates, or the Implementation Recommendations Team. Ok. I admit it. I supported the concept of a post delegation dispute resolution process for generic Top-Level Domains (gTLD) Registries. I served as the only gTLD registry member of the Implementation Recommendation Team (IRT) appointed by the Intellectual Property Constituency of the Generic Names Supporting Organization of ICANN. I was one of the authors of the IRT Recommendation in favor of a Post Delegation Dispute Resolution Procedure. more

Analysis of Domain Names Registered Across Multiple Existing TLDs and Implications for New gTLDs

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

What’s in a Name?

Internet domain names are truly bizarre. There is nothing especially remarkable about them from a technical perspective, but from a social and political perspective they are all sorts of fun. We can have arguments over control of the DNS root, arguments over whether names are property, arguments over innate rights to specific names, arguments over a registrar's right (or lack thereof) to exploit unregistered names for private gain, and many more arguments besides. In this article, I'd like to explore the argument-space rather than defend any particular position in it. In so doing, I hope to illuminate some novel (or under-emphasised) perspectives on the matter. more

Forgotten Principles of Internet Governance

Suddenly internet governance has become a hot topic. Words and phrases fly back and forth but minds rarely meet. We do not have discussion, we have chaos. We are not moving forwards towards a resolution. It's time to step back and review some basic principles. 1. Principle: The internet is here to serve the needs of people (and organizations of people); people are not here to serve the internet. Corollary: If internet technology does not meet the needs of users and organizations than it is technology that should be the first to flex and change. more

Multistakeholderism Is Working: Even in Exile

I'm happy to report (mostly) positive feedback on my last article that examined how the multistakeholder model tackled, and tackled well, Phase 1 of the review of all Rights Protection Mechanisms. While bad news may sell more clicks, a little good news from time to time also appears to be welcome. Good news also reminds us of how fortunate we are to have a private sector ICANN with a multistakeholder model of policy development... more

Undone! Failure of Persuasion in UDRP Proceedings

A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here. more

ICANN’s Uniform Rapid Suspension: The Good, the Bad and the Ugly

With so many new gTLDs moving into their respective general availability periods, and incidents of cybersquatting beginning to appear, many companies are now looking towards the URS (Uniform Rapid Suspension) as a possible solution for quickly remediating abuse. As a reminder, domains that are the subject of a successful URS ruling are suspended for the remainder of the registration term, or can be renewed for an additional year at the current registrar. more

New TLD Spotted - .FUD

In politics, as in Internet policy, the most effective weapons are also the oldest. So when it came time for hard-line intellectual property advocates to make a desperate last stand against the new gTLD program, it came as no surprise they turned to the atomic bomb of rhetorical devices: FUD. FUD stands for "fear, uncertainty and doubt" and it is the tool of last resort when change is coming and you want to stop it. The theory is simple: the human response to fear is to cling to what's familiar and oppose what's new. So if you can scare enough people about the potential effects of a new policy or law, you stand a pretty good chance of preventing it from ever going into effect. more

Insight: .JOBS and New TLD’s - Are You Paying Attention?

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

Domain Name Registry-Registrar Vertical Separation: The Economic, Anti-Trust Red Herring

ICANN has operated on the fundamental principle that there should be separation within the domain name marketplace between registries (wholesale) and registrars (retail). This fundamental principle has been a pillar upon which ICANN has provided registrants (consumers) with increased choice, innovation, and price savings. Therefore it was with great surprise when ICANN staff unilaterally undertook this initial vertical separation analysis through exclusive consultation with ICANN contracting parties (registrars and registries), while totally excluding non-contracting parties (individual, business and non-commercial registrants)... more

ICA to ICANN: The IRT Must Open Up Or Be Stripped of Official Status and Support

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

Trademark Owners Should Consider .mp Domain Name Registration

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