UDRP

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more

The Growing Threat of Cybersquatting in the Banking and Finance Sector

The apparent cyber heist of of $81 million from the Bangladesh central bank's U.S. account may cause some people to question the security of online banking. While the online theft prompted SWIFT - a cooperative owned by 3,000 financial institutions around the world -- to make sure banks are following recommended security practices, the incident also could have ramifications for banking customers worldwide. more

ICANN 55, Marrakech: Witnessing a Historic Event, Community Empowered Work Continues

Earlier this month, MarkMonitor representatives were privileged to witness, at the first ICANN meeting of 2016 in Marrakech, Morroco, the historic presentation of the plan to transfer the stewardship of key internet functions (IANA) from the United States Government to a community and consensus-based model of governance through ICANN (Internet Corporation for Assigned Names and Numbers). more

Registering and Monetizing Personal Names

At the top of WIPO's list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is "Hugo Boss" with 62 complaints. The report also reveals that the fashion industry led other commercial sectors with 10% of complainant activity. Not surprisingly, in this sector companies (couturiers extending their services to the general public) are branded with the personal names of their founders. Why any registrant would intentionally target well-known personal names in the fashion industry is a mystery because there's no future in it. In fact, complaints are never answered and always successful. more

What is the Intellectual Property Constituency (IPC)?

As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more

Charter Approved to Review All Rights Protections Mechanisms in All Generic TLDs

On March 9th, 2016, during its final open meeting at ICANN 55 in Marrakech, Morocco, the Generic Names Supporting Organization (GNSO) Council approved a motion that I proposed to adopt the Charter of the Policy Development Process (PDP) to Review all Rights Protections Mechanisms (RPMs) in all Generic Top-Level Domains. I serve on the Council as one of the two representatives of ICANN's Business Constituency, and my fellow Councilors have designated me to serve as the GNSO's Liaison to the Working Group (WG), and as its Interim Chair. more

Overreaching Trademark Owners and the Misguided Better Right Theory of Domain Name Ownership

In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more

Senate Letter to ICANN Board Showcases Critical Misunderstanding of What ICANN Is

Today's new U.S. Senate letter to ICANN - the latest in a series of letters on the work of the ICANN technical communities - is disturbingly well crafted. If taken at face value, it even seems to lend credence to the idea that ICANN is potentially a perpetuator of the limiting of free speech, and it could be seen as a break in the narrative that i2Coalition perpetuates, that the IANA transition is a positive step in strengthening multistakeholderism over dangerous multilateralism when it comes to Internet governance. more

Is the URS Dying?

The much-maligned Uniform Rapid Suspension System (URS) is not only failing to catch on -- it's actually starting to fade. Once envisioned as a popular rights-protection mechanism for trademark owners under the new generic top-level domain names (gTLDs), the URS instead is seldom used. In fact, despite the growth in new gTLD registrations, the URS is in decline. more

Newly Released “Domain Name Arbitration” Book Offers Guide for Navigating UDRP

Legal Corner Press, LLC recently announced the publication of Domain Name Arbitration: Asserting and Defending Claims of Cybersquatting Under the Uniform Domain Name Dispute Resolution Policy, authored by Gerald M. Levine, intellectual property attorney, with Foreword by Hon. Neil A. Brown QC, former member of the Australian Parliament and a UDRP panelist. more

The Mission Has Already Crept

ICANN's mission, and the avoidance of "mission creep", is currently the subject of intense debate in the Internet community. Multiple cross-community working groups are dealing with the proposal by an agency of the United States government, NTIA, to give up the last vestiges of its control of the IANA function. Many of the new organizational structures under consideration purport to deal with ICANN's expanding mission. more

.WTF Domain Being Used In Privacy Campaign

ICANN comment periods on policy proposals don't normally garner much attention. In the case of the current comment period on proxy/privacy services, however, things are very different. To date several thousand comments have been filed, while the topic of the policy proposals has received media attention across hundreds of outlets. more

Electronic Frontier Foundation Tells ICANN to Delete URS from .Travel

The Electronic Frontier Foundation (EFF) has just told ICANN to drop the notion of applying the Uniform Rapid Suspension (URS) dispute resolution system to .Travel and other legacy gTLDs without undertaking a full Policy Development Process (PDP). In a June 12 letter, EFF stated: ICANN should not apply URS to the .travel domain, or to any additional domains, by the unaccountable means of staff inserting new conditions into the renewal of the registry operator's contract. Rather, the public policy implications of such a move demand that a full PDP be undertaken first.  more

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. more

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?" more