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Usage Trumps Registrations: Why Past TLDs Failed and Why Many Will Follow in Their Path

First of all I am biased. I am a common sense thinker who tries to analyze risk and reward based on societal trends and conventional wisdom. Watching the new gTLDs (generic Top Level Domains) launch over the last 2 years reminds me of the circus we are now seeing in the U.S. election. Myself, a self-proclaimed libertarian, can now be labeled as the establishment, while the so called "outsiders" act and behave like they are not politicians yet seem to be masters of messaging and propaganda. more»

ICANN Fails Consumers (Again)

In its bid to be free of U.S. government oversight ICANN is leaning on the global multistakeholder community as proof positive that its policy-making comes from the ground up. ICANN's recent response to three U.S. senators invokes the input of "end users from all over the world" as a way of explaining how the organization is driven. Regardless of the invocation of the end user (and it must be instinct) ICANN cannot seem to help reaching back and slapping that end user across the face. more»

No Barrier to Reading Across the Dot with New TLDs and Trademark Infringements

Even before the introduction of new top level domains in 2014, Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the characters of the accused domain names with the characters of trademarks for identity or confusing similarity. But this did not exclude the possibility of reading across the dot. more»

The New Marketing Vanguard: Domain Extensions (nTLDs)

Back in 2014, hundreds of new Top Level Domains (nTLDs) rolled out into availability. This means that the .com, .gov, and .org extensions that are typically used for business domains were joined by a multitude of other, more specialized extensions such as .attorney, .cars, and .recipes. As a channel partner, it's crucial to know how these new units will influence your presence online. more»

U.S. Congressional Trademark Caucus Haggles Over Price

It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level internet domain names, is still, it seems, a draw. With nearly two years' experience and statistical evidence of far fewer problems at far lower costs to brand owners than opponents of the program said would occur, it might be expected that the tone would cool. But the price of peace, I guess, remains eternal vigilance. more»

Quintessential and Other Acts of Bad Faith in Acquiring Domain Names

There are two essential differences between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA), one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have trademark rights when they file their complaints... more»

Is IPv6 an Essential Precondition for Internet of Things? Or Are Things Just Fine with IPv4?

It has often been claimed that IPv6 and the Internet of Things are strongly aligned, to the extent that claims are made they are mutually reliant. An Internet of Things needs the massively expanded protocol address space that only IPv6 can provide, while IPv6 needs to identify a compelling use case to provide a substantive foundation to justify the additional expenditures associated with a widespread deployment of this new protocol that only the Internet of Things can provide. more»

Even Lawyers Have Domain Name Problems

No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more»

The Future of Domain Name Dispute Policies: The Journey Begins

A just-launched ICANN "working group" (of which I am a member) will - eventually - help to determine the future of the Uniform Domain Name Dispute Resolution Policy (UDRP), the 17-year-old domain name arbitration system that has been embraced by trademark owners and criticized by some domainers; as well as the Uniform Rapid Suspension System (URS), the new (and limited) arbitration process that applies to the new gTLDs. more»

French Supermarket Giant LeClerc Turns On DotBrand

Earlier this week French supermarket giant E.Leclerc launched a new site for their sports' goods. The key change? The new site lives at sport.leclerc. Leclerc, which employs over 94 thousand people, is one of the companies that opted to get its own "dotbrand". While some companies have rolled out a variety of different things on their own domain extension it's still rare to see a brand launching anything with mass market appeal using their own TLD. more»

Split UDRP Decisions on (Almost) Identical Domain Names

A company called Rocketgate PR LLC, which owns a U.S. registration for the trademark ROCKETPAY, filed two UDRP complaints on the same date against two different domain name registrants - for the domain names and . (The only difference is that the latter domain name is plural.) In both cases, the disputed domain names were associated with inactive websites. The UDRP cases were assigned to two different panelists, who issued their decisions one day apart. more»

Trademark Owners' Rights to Corresponding Earlier Registered Domain Names

As I pointed out in last week's essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case... more»

Why Broadband Speed Tests Suck

Everyone is familiar with broadband 'speed test' applications. When you have an ISP service quality problem, it is common to grab one of these tools to see if you are getting the service you feel you are entitled to get. Whenever you upgrade your broadband, the first thing you might do is to run a speed test. Then you can show off to your mates how superior your blazing fast service is compared to their pitiful product. more»

Internet Governance in Transition: The ITU as a Battleground for Rival Visions

During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more»

DNS and Stolen Credit Card Numbers

FireEye announced a new piece of malware yesterday named MULTIGRAIN. This nasty piece of code steals data from Point of Sale (PoS) and transmits the stolen credit card numbers by embedding them into recursive DNS queries. While this was definitely a great catch by the FireEye team, the thing that bothers me here is how DNS is being used in these supposedly restrictive environments. more»

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