Exceedingly Close and Difficult UDRP Cases

The ordinary run of cybersquatting cases is neither "exceedingly close nor difficult." Quote from Harvest Dispensaries, Cultivations & Production Facilities, LLC v. Rebecca Nickerson / Rock City Harvest, FA2004001892080 (Forum June 26, 2020) which is one of those rare cases in which the case was exceedingly close and difficult. For 90% of the docket (the percentage has been creeping up since 2016), even when Respondent appears (which it mostly does not), there is neither a defense nor merit to Respondent's contentions. more

Evolving the Internet Through COVID-19 and Beyond

As we approach four months since the WHO declared COVID-19 to be a pandemic, and with lockdowns and other restrictions continuing in much of the world, it is worth reflecting on how the Internet has coped with the changes in its use, and on what lessons we can learn from these for the future of the network. The people and companies that build and operate the Internet are always planning for more growth in Internet traffic. more

Amazon Aerospace and Satellite Solutions: Integrating Satellites and Terrestrial Services

Since its founding, Amazon has reinvested profit in building infrastructure. They began with retail sales and distribution infrastructure and later added Amazon Web Services (AWS), providing data center and hosting infrastructure. Amazon founder Jeff Bezos also established Blue Origin, a company to provide satellite launch service and eventually to support space travel. Last year Amazon filed an application for a 3,236-satellite constellation of low-earth orbit Internet service satellites - Project Kuiper. more

Where Is Net Neutrality When We Need It?

Just in the last two weeks, two stories in the United States hit the press that highlight behavior from ISPs that would have likely have violated the Net Neutrality rules that were killed by Ajit Pai's FCC. The big ISPs have been surprisingly quiet and have not loudly violated those rules, even though they are no longer in effect. The industry speculation is that the big ISPs are treading lightly because they don't want to trigger a regulatory overreaction should there be a change of party in the administration or Congress. more

Freedom of Expression Part 3: Child Pornography, Manga, Anime, Obscene Publication

At the 44th Session of the Human Rights Council, we heard how 1 billion children in 2019 who were subjected to various forms of violence and the need for more action to protect children according to the Special Rapporteur. The United Nations Committee on the Rights of the Child released Guidelines on the implementation of the international treaty that bans child pornography, proposing to expand its interpretation to include bans on drawings and stories that sexually depict minors. more

Freedom of Expression Part 2: Blocking, Filtering and Removing Online Content

The Internet is a catalyst for what has revolutionised and transformed human societies in giving extraordinary access to information that has catapulted development and economic growth. It also comes with threats of exploitation by those who wish to do harm. In Part 1 of these series, we looked at how Twitter banned Graham Linehan for his tweet where we saw that to an extent, it was justifiable under Californian law but that a Judge in the Fiji courts would disagree with. more

Freedom of Expression Part 1: Hate Speech, Linehan, Trans as a Protected Class in California

Graham Linehan was banned from Twitter last week. Graham Linehan is an Irish writer and creator of Father Ted and Black Books. Twitter closed Graham Linehan's account for tweeting "men aren't women though" which twitter perceived as "hate speech" and offensive to the Trans community. Context always shapes meaning, and so I thought it would be useful to explore how hate speech is interpreted in California and then to see how it is treated in Fiji. more

When is Similarity Confusing? Cybersquatting and Abusive Registration

The case I'm reporting on today has garnered attention from a number of quarters. One commentator, Andrew Allemann tells us that "[he's] struggling with this UDRP decision" and Nat Cohen of Telepathy Inc. in a couple of Tweets and a private conversation is concerned that the holding could be a Trojan Horse by erasing the distinction between merely confusing and confusingly similar. The problem centers on the Panel's holding that everyfamily.org is confusingly similar to EVERYTOWN... more

Many Libraries Still Have Slow Broadband

During the recent pandemic, many homes came face-to-face with the realization that their home broadband connection is inadequate. Many students trying to finish the school year and people trying to work from home found that their broadband connection would not allow them to connect and maintain connections to school and work servers. Even families who thought they had good broadband found they were unable to maintain multiple connections for these purposes. more

Is Booking.com a Generic Term?

A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more

ICANN Registrar Stakeholder Group Leadership Handover

The ICANN Registrar Stakeholder Group (RrSG) is one of several stakeholder groups within the ICANN community and is the representative body of ICANN accredited domain name registrars. It is a diverse and active group that works to ensure the interests of registrars and their customers are effectively advanced. The leadership team (ExCom) consists of five officers who manage the Registrar Stakeholder Group. more

Online Businesses to Benefit from Supreme Court "Booking.com" Ruling

Today, in U.S. Patent and Trademark Office v. Booking.com, the Supreme Court of the United States has affirmed that generic terms including .com domain names may be trademarked when consumers do not perceive the mark to signify the class of services, with heightened distinctiveness and recognition attributable to top-level domains that add meaning like .club, .guru, and .vip. more

Asserting but Not Proving Cybersquatting Under the UDRP

Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more

Do Your Analytics Efforts Expose Your SQL Data Sources to Attacks?

Structured Query Language (SQL) continues to be quite relevant today. Many organizations still use SQL database systems, and it still ranks as the top in-demand language in tech job postings -- even in 2020. Companies are also increasing their analytics and business intelligence efforts, where SQL skills come in as quite handy. SQL queries allow you to pull key information from databases quickly. more

Virtual ICANN Meetings – YES, Please

In the early 2000s, when I began working in the domain name industry, I remember hearing from colleagues about these seemingly elusive ICANN meetings invariably hosted in some pretty incredible places, including Rio de Janeiro, Rome and Cape Town. I remember how some of my colleagues complained about being stuck in windowless conference rooms for hours on end, but secretly thinking that they were probably going to a few meetings, but then actually enjoying a fabulous vacation. more