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Pool.com Launches ICANN Lawsuit Against WLS

Pool.com has launched a lawsuit challenging the right of the Internet Corporation for Assigned Names and Numbers (ICANN) to proceed with a monopolistic new Wait List Service (WLS) this fall.

In a Statement of Claim filed in the Ontario Superior Court of Justice, Pool.com states that the new "WLS proposed by ICANN and Verisign Inc. will have the immediate and total effect of ending all competition among Registrars for dropped or deleted domain names" in the rapidly developing backordering industry. Pool.com seeks a court injunction preventing ICANN from proceeding with the WLS, a declaration that ICANN's actions constitute intentional and wrongful interference with Pool.com's trade and commercial prospects, as well as significant damages.  more

Juniper's IPv6 Advocate Tests Mythology

IPv6 advocacy has been tainted by FUD and half-truth. CommsWorld recently interviewed Juniper's Jeff Doyle, who is a strong supporter of IPv6 -- but who also has little patience for IPv6 mythology. Forget security, half-true address crises and QoS: the best reason for the world to run with IPv6 is what's driven the Internet all along -- innovationmore

Analyzing The Inbox of a Spammer's Domain

Consider this scenario: you need a domain name for your site so you go to your favorite domain registrar's website and upon a quick search find that your third choice is actually available! You quickly pull your credit card and register the name. Everything is good and you can't wait to have your new domain start pointing to your site and represent your official email address. But not so fast -- some of the recent events are revealing that, these days, when you are registering a domain name there is one more critical thing you need to do: check under the hood! more

Fight Spam With the DNS, Not the CIA

It seems like spam is in the news every day lately, and frankly, some of the proposed solutions seem either completely hare-brained or worse than the problem itself. I'd like to reiterate a relatively modest proposal I first made over a year ago: Require legitimate DNS MX records for all outbound email servers.

MX records are one component of a domain's Domain Name System (DNS) information. They identify IP addresses that accept inbound email for a particular domain name. To get mail to, say, linux.com, a mail server picks an MX record from linux.com's DNS information and attempts to deliver the mail to that IP address. If the delivery fails because a server is out of action, the delivering server may work through the domain's MX records until it finds a server that can accept the mail. Without at least one MX record, mail cannot be delivered to a domain.
 more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part III

In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more

AusRegistry Earns $9M In Its First 12 Months

The Privately-owned Melbourne-based company AusRegistry that won a four-year contract on July 2002 from AuDA to provide registry services for Australia's .au ccTLD has reported an earning of $9 Million -- beating its original expectation by $3.5 Million. This earning comes from 52,640 new registration of .au, .org.au, .com.au, .asn.au, .net.au, and .id.au -- the majority portion consisting of .com.au. (pdf report)

AusRegistry has also recently won a contract to operate the registry for Solomon Islands domain names (.sb), and negotiating with five other countries that reportedly includes one "significant" ccTLD. The company is also interested in being authorized by the Australian Communications Authority to run trials of ENUM: "It just makes sense to do that, given the strength of the .au database...the cost to us is minimal, given we've got the existing infrastructure," said the AusRegistry's managing director Adrian Kinderis. [Source: news.com.aumore

New TLDs: Can You Say .Never?

ICANN continues at its snail's pace on introduction of new top-level domains. At the Montreal meeting, staff sprung this RFP for new sponsored TLDs. As if "a few" and "sponsored" weren't limitation enough, it further narrowed the applicant pool to those who had applied unsuccessfully as sponsored TLDs in November 2000. more

ICANN Submits Seventh Annual Report

ICANN has just submitted its seventh status report under ICANN/US Government Memorandum of Understanding to United States Department of Commerce (DoC) titled: "Report by ICANN to United States Department of Commerce Re: Progress Toward Objectives of Memorandum of Understanding". The report provides a review of recent ICANN developments including... more

ICANN Reaches Landmark Agreement With Country Domains

The Internet Corporation for Assigned Names and Numbers (ICANN) concluded its Montreal meeting with a landmark agreement that cements the relationship between ICANN and the worldwide community of country-code top-level domain registries. "Today's agreement represents both a historic achievement for the ICANN process, and a powerful vote of confidence in the newly reformed ICANN 2.0," said Paul Twomey, ICANN's president and CEO.

Finalizing four years of dialogue and negotiation, the creation of the Country-Code Names Supporting Organization (ccNSO) heralds a new era of cooperative and productive relations among ICANN and the country-code domain registries. The structure and rules for ICANN's new ccNSO were endorsed by domain registry organizations and individual managers representing every region and populated continent. "Today's agreement is a testament to how ICANN is seen as a forum the international Top Level Domain administrators can come together and jointly address issues," said Twomey. more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part II

In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark's characteristics. The first part of this article can be found here. In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question. more

ICANN Montreal: Real-Time Thoughts During the WHOIS Meeting - 2nd Session

John LoGalbo - a "law enforcement" type - is complaining how long it takes him to issue a subpoena. My thought is this: Why should our privacy suffer because his organization can't get its procedural act together?

I am incensed - he is simply stating a conclusion that his targets are "criminals" and that, to go after them, he wants to throw away all legal processes and procedures - so much for the fourth, fifth, sixth, and fourteenth amendments. more

ICANN Montreal: Real-Time Thoughts During the WHOIS Meeting - 1st Session

I'm going to try something new here. I'm sitting here at the ICANN meeting on whois and I'll try to jot down some of my thoughts as they occur to me in reaction to what is being said:

- What is the "purpose" of whois? When a person acquires a domain name he/she has a decision to make: whether he/she will give the vendor/registrar his/her personal information? (If not, the person might have to forego getting the name, but that's his/her choice.) It seems that that is the context in which we need to evaluate the "purpose" of whois. In other words, the person relinquishes the information for the purpose of acquiring a domain name and not the broad panopoly of uses that have grown around whois. more

IP And The Internet: A Growing Need to Police Online Content

The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses. more

Montreal ICANN Meetings Creating Some Irritations

Two controversial issues which were on the agenda of the Montreal ICANN meetings creating some irritation: the way of planning to create a country code support organization (ccNSO), and the discussions around the purpose and operation of WHOIS – the database of registrants of domains.

Without going into the history of the ccTLDs withdrawing from their former role within the DNSO and moving towards a self organized structure, there is an obvious conflict revolving around the term “binding” that ICANN and the GAC want to see in defining the ccNSO. One European ccTLD manager put it bluntly: “We are not under the law of California!” more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the Policy), is to determine disputes relating to the registration or acquisition of domain names in bad faith. Under the Policy, the complainant must establish that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name registrant has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.

Whilst requirements (i) and (ii), at first glance, do not appear difficult to meet, it is not the same with requirement (iii). In fact, a serious problem arises for the complainant when a registrant has registered domain names in bulk, but has not used them i.e. they have not been resolved to any active website. more

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