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Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more»

Is There a Positive Business Case for IPv6? We Are About to Find Out, If You Help Us…

Large-scale IPv6 deployments suggest that IPv6 is at least a technical success, the technology works. Time to visit the other important question: does it work commercially. Does IPv6 really come with a positive business case? We are about to find out, if you help us... The Internet technical community has spent about two decades making IPv6 work on a technical level. We have developed the protocol, modified and expanded a few others; we set up the registry system and distributed the addresses. more»

Heritage Holding Anti-IANA Transition Event With Cruz

The Heritage Foundation are conservative, in the American political sense. So it's not surprising that they've been linked to some of the anti-IANA transition stuff coming from Ted Cruz and Co. Tomorrow they're holding an event, which is clearly not aimed at bolstering support on Capitol Hill for the IANA transition... While I, and many others, would find the entire "jeopardizing free expression and enterprise" angle to be total bunkum, it is aimed at tapping into US conservative fears. more»

eco to Address the Impact of Brexit on the Domain Industry

eco, which is the largest internet industry association in Europe, is holding a virtual meeting later this month to discuss Brexit. The meeting, which is scheduled for July 27th at 1200 UTC, will be the first of several dialogues among industry to discuss the potential impact of the UK's exit from the EU on the domain name industry. As I mentioned in a recent post, the exit of the UK from the EU has an "unknown" impact on how domain name registries and registrars will interact with UK based registrants. more»

Protecting the Health of Internet Users: Q&A with .pharmacy

Sue Schuster from Neustar Registry Services sits down with Carmen A. Catizone, MS, RPh, DPh Executive Director of the National Association of Boards of Pharmacy (NABP) for online pharmacies and prescription-only medications to chat about the benefits this exciting new partnership and what it means for members and consumers. more»

Cyber Infringement of Trademarks by Typosquatting

A fabled, serial cybersquatter of the early Internet argued that typographical errors in domain names were not cybersquatting at all because they had their own distinct identities. Moreover, "I have" (he argued) "just as much right to own the [misspelled] Domain Names as the person who owns the correct spelling of [a] domain name." That dispute involved and <wallstreet journel.com>. Dow Jones & Company, Inc. and Dow Jones LP v. John Zuccarini, D2000-0578 (WIPO September 10, 2000). more»

Luddites of the 21St Century Unite? (Revisited)

In the winter of 2014 I wrote a blogpost under the title 'Luddites of the 21st century unite?' (read here). In the post I wondered where the 21st century Luddites were. ICT, automation, artificial intelligence all threatened jobs, yet all those affected embraced smartphones and the Internet in droves. It seems I found them, but what to do? Brexit and Luddites Fast forward to early summer 2016. more»

ICANN HR Shares Some Data on Staffing

How diverse is ICANN? While the recently published Afnic report gives some insights, it didn't explore ICANN staff in any detail. ICANN's HR team, however, did share some data on ICANN's staff diversity during a session at the ICANN meeting in Helsinki earlier this week. Some interesting data was shared about how ICANN handle their HR overall, but the bit that caught my eye was in respect to gender. more»

Trump's Fundraising Email - Bad Data Drives Delivery Problems

It's a wild election season here in the US. In the past few presidential elections, email has played a bigger and bigger role in messaging and fundraising. President Obama's campaign used email effectively, but sent huge volumes. In fact, the volume was so heavy, it led to a joke on the Daily Show... This year there is a stark difference in how the candidates are using email. more»

.brand Progress - The Mid-Year Analysis

Google. BMW. Dell. Canon. Deloitte. Chanel. Microsoft. Audi. Cisco. Leaders in their industries, household names, game changers in business and technology. And just some of the brands that have launched their .brand TLDs so far in 2016. As we reach the mid-way point of this year, it provides a fitting checkpoint at which to reflect on the progress we've seen over the last six months. more»

What is Google Up To?

The astonishing rise and rise of the fortunes of Google has been one of the major features of both social and business life of the early 21st century. In the same way that Microsoft transformed the computer market into a mainstream consumer product through its Windows and Office software products some 20 years ago, Google has had a similar transformative effect upon its environment. more»

Who Really Cares About New gTLDs?

ICANN's recent announcement of what it called "an exciting milestone in the evolution of the domain name system" - the delegation of the 1,000th new generic top-level domain (gTLD) - went largely unnoticed. While that's consistent with the new gTLD program in general (at least from the perspective of the general public), that doesn't mean trademark owners should forget about them. more»

A Year Later: Insights from dotSucks

This week marks the first birthday of the general availability of dotSucks domain names. It has been a year notable for both heat and light, adding up to a set of insights relevant for any new gTLD... Be clear about who you serve and use their vocabulary (not domain name industry jargon) to tell them about it. Engage in marketing... Emotional resonance is more effective than even overwhelming facts-and-figures. The right story helps people see themselves in you. more»

No Time Bar for Cybersquatting Claims Under UDRP

Headline in TheDomains.com, June 18, 2016: "Wow: 20 Year Old Domain Name WorldTradeCenter.com Lost in UDRP." For those who don't follow UDRP decisions carefully this may elicit, how can this be? Well, surprised or not, and assuming complainant has priority in the string of characters that is both a domain name and a trademark... delay is not a factor in prevailing on cybersquatting claims when there is an alignment of other factors... more»

Open Season

In June 2016 the Organization for Economic Cooperation and Development (OECD) hosted a meeting of ministers to consider the state of the Digital Economy. The central message from this meeting was the message that: "Governments must act faster to help people and firms to make greater use of the Internet and remove regulatory barriers to digital innovation or else risk missing out on the potentially huge economic and social benefits of the digital economy." All well and good, and as a piece of rhetoric it seems to strike an appropriately positive note without straying far from what appears to be bland truisms of our time. more»

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