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This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more
The SWOT analysis (alternatively SWOT Matrix) is a structured planning method used to evaluate the Strengths, Weaknesses, Opportunities, and Threats involved in a project or in a business venture. The following is an attempt to apply the SWOT Analysis to ICANN's new gTLD program. more
The second installment in my four-part series on New gTLD objections will focus on the limited public interest ("LPI") variety. The overarching theme however is essentially the same: new gTLD objections are generally more complicated (and costly) than UDRP actions and need to be approached with care. In fact, LPI represents one of the best examples of the tough climb that would-be objectors are likely to face. Understanding exactly what is required beforehand - and whether or not you can deliver - is absolutely critical. more
Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more
ICANN organized a meeting on 15-16 November 2012 in Los Angeles, the Trademark Clearinghouse policy negotiations... I participated on behalf of noncommercial users in the policy meeting in person in LA on 15 November, and then for part of the discussion on 16 November via telephone. Here is my personal evaluation of the meeting and my initial reactions to the output of the meeting pending further discussion with the NCSG Policy Committee. more
One of the most important debates in the realm of Internet governance pertains to when, how and how much voluntary action registrars can and should take to prevent the use of their registration platforms in furtherance of criminal activity. In the Internet pharmacy world, the trend over the past four years has been unmistakable: A growing number of registrars worldwide, large and small, recognize the value of prohibiting the use of their registration services... more
At his first meeting as CEO of ICANN, Fadi Chehade showed up ready to work AND to listen. ICANN's new CEO described his objectives for the organization which included 1) affirmation of purpose, 2) operational excellence, 3) internationalization, and 4) evolution of the multi-stakeholder model on which ICANN is built. He also described significant organizational changes to ICANN leadership and staff... more
The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). more
As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more
Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark. more
ICANN has started dot name evaluations and charging ahead at their full speed. Mathematically it can be proven that any reasonable success of the current 1500 proposed dot names will result in tens of thousands of additional applications in the subsequent rounds. It is estimated that by the year 2020 there will be 10,000 dot names in operation and by 2025 the number would easily double. Such forecasts are not based on technological advances more
For years our community has struggled with the rules of the URS - the Uniform Rapid Suspension - aimed at taking down the "worst of the worst" domain name registrations in a manner faster and cheaper than its predecessor, the Uniform Domain Name Dispute Resolution Policy - the UDRP. On June 27, in Prague, a diverse group met to discuss the fate of the URS. To my surprise, it was a rare "kumbaya" moment, and that makes it worthy of comment. more
Even though ICANN is moving full steam ahead with the New gTLD Program, many of the program's specifics are still being finalized. Many important questions related to the Trademark Clearinghouse and the Uniform Rapid Suspension (URS) still remain unanswered at this point. However, ICANN has recently provided additional details around Application Reveal and Batching and selected the Independent Objector. more
The Internet Commerce Association has just sent a letter to senior members of the House Judiciary Committee regarding the likely unintended but potentially devastating impact of H.R. 3261 ("SOPA") as introduced upon ICANN-accredited registrars and other participants in the broad domain name industry, as well as upon the domain registrants who use those services. more
A paper titled, "Civil society involvement in ICANN: Strengthening future civil society influence in ICANN policymaking," written by Robin Gross, examines the historical role that civil society has played at ICANN in policymaking. more
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