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Personal Names, Politics and Cybersquatting

• Comment posted Aug 12, 2008 4:55 pm PDT — by Enrico Schaefer
  Great post Mark: It is amazing how many politician names are being cybersquatted.  Most of these 'famous' people fail to do anything about it. As to your question, registration of a famous, personal or celebrity name to preclude registration by…

The Closing Window: A Historical Analysis of Domain Tasting

• Comment posted Jan 11, 2008 12:06 pm PST — by Enrico Schaefer
  This is the best most comprehensive analysis of tasting I have seen on the internet. With what is going on with NSI domain tasting issues, this is a great read. Great job Frank.  What do you think about the NSI…

How Rampant is Cyber & Typo Squatting? Just Ask WIPO After Reviewing Wipo.com!

• Comment posted Jan 07, 2008 3:34 pm PST — by Enrico Schaefer
  Ah yes, there are many extensions for any domain. But anyone who registers and extension of a brand, company name or domain name with the specific intent to divert traffic is in fact a cybersquatter. The typos noted above are…

Bob Marley's "WAILERS" Win Cybersquatting Lawsuit

• Comment posted Jan 05, 2008 3:21 pm PST — by Enrico Schaefer
  Many companies devote resources to obtain trademark registration, but fail to protect their marks thereafter. The same is true of domain name registration. Companies need to learn that they must monitor third party uses of their mark and send a…

Network Solutions Responds to Front Running Accusations

• Comment posted Feb 15, 2008 10:42 pm PST — by Enrico Schaefer
  Register.com and Enom jumped on the slime train when they saw NSI getting away with it. It probably goes away if ICANN renews its .20 cent fee which I assume the registrar would have to pay as well in order…

• Comment posted Jan 09, 2008 2:47 pm PST — by Enrico Schaefer
  We are analyzing the issue as a deceptive consumer practice.  Because NetSol provides no notice to people using he whois search that they will be forced to register the domain through them during the tasting period, it is clearly deceptive.…

Domain Front Running by Registrars Continues to Draw Attention

• Comment posted Jan 12, 2008 6:02 pm PST — by Enrico Schaefer
  NSI's potential liability for their Reserve Policy had nothing to do with their justification, the mechanics of the domain tasting problem or whether NSI's supposed 'fix' was truly motivated by consumer protection. NSI's potential liability had everything to do with,…

• Comment posted Jan 11, 2008 1:27 pm PST — by Enrico Schaefer
  Here is a new twist.  According to a story yesterday by the WASHINGTON INTERNET DAILY, Network Solutions Vice President of Policy Jonathon Nevett responded Tuesday that there is another reason NSI is locking domains during the grace period.  He says…

• Comment posted Jan 11, 2008 11:55 am PST — by Enrico Schaefer
  Really, the solution for NSI is to open and conspicuous about their policy.  This does not include the notice buried on their support page. Conspicuous notice solves everything and would put out the fire burning across the internet.  If their…

• Comment posted Jan 10, 2008 8:31 pm PST — by Enrico Schaefer
  Domain Pawn Shop points to two posts, one of which talks about registrars under the ICAN policy grabbing domains on expiration. The ICANN regulations for domain name registrars dictate a requirement for deletion and auto-renewal policies. However, if you’ve had…

• Comment posted Jan 09, 2008 8:21 pm PST — by Enrico Schaefer
  According to NSI, they don't know either (hard to believe) but suggest it is further upstream, at the ISP or registry level. NSI says that's because Network Solutions then must check availability at other sites when a customer searches. Network…

• Comment posted Jan 09, 2008 7:57 pm PST — by Enrico Schaefer
  I have not have not heard of IMCs.  Do you have any resources or links to share that would explain the approach?  Sounds interesting across a range of issues.

• Comment posted Jan 09, 2008 7:04 pm PST — by Enrico Schaefer
  Tom: I agree that notice is everything. And not notice buried in a 6 page use agreement, but in your face notice.  The clear deception here is that most people would have no idea they are locking themselves down to…

Domain Tasting to Go Away for Real This Time

• Comment posted Jan 29, 2008 10:03 pm PST — by Enrico Schaefer
  Mark:  I wonder how much of an impact the fee will really have on typosquatting.  Many typosquatted domains are intentionally contrived like www.wwwmicrosoftcom.com There is no doubt some of these typo domains are contrived, tasted (smart squatters) and either deleted…

• Comment posted Jan 29, 2008 8:20 pm PST — by Enrico Schaefer
  John:  In your opinion, did ICANN act relatively quickly or take too long to act? I think they may have seen the beginning of registrars building products on top of the AGP. Once that ball got rolling, it might be…

If the Number '5' License Plate is Worth $6.8 Million, What is Your Domain Name Worth?

• Comment posted Feb 11, 2008 4:57 pm PST — by Enrico Schaefer
  Jay:  It is an interesting parallel isn't it? I agree there are a large number of domain extensions which might apply to a single word (just like there are many countries and states where the same license plate word or…

Typosquatting: A Solution

• Comment posted Feb 20, 2008 4:36 pm PST — by Enrico Schaefer
  John: There are those who have not sold me on the underlying First Amendment issue who find it “pretty hard to take” that a true statement of fact, even in the limited context of commercial speech, can be unlawful merely…

• Comment posted Feb 19, 2008 9:07 pm PST — by Enrico Schaefer
  John:  I would have trouble running to the Ty decision given its tortured logic and Posner's misapplication (stated more lightly 'extension') of the first sale doctrine. Thanks John, I will now be gagging for the rest of the afternoon! As…

• Comment posted Feb 14, 2008 4:06 pm PST — by Enrico Schaefer
  3) Lastly I sometimes wonder how a domain that includes a brand can be said to constitute “squatting”, when dealers will be allowed to advertise the manufacturer’s brand. Would it be legitimized if the “squatter” all of a sudden becomes…

• Comment posted Feb 14, 2008 1:40 pm PST — by Enrico Schaefer
  I agree that it makes little sense for trademark holders to embrace and reward typosquatters who are illegally diverting traffic from their domains. Typosquatters need to be penalized for their actions, not rewarded.  The current problem is that the penalties…

Take Down Order by California Court Raises Issues of Censorship and Free Speech

• Comment posted Mar 01, 2008 2:24 pm PST — by Enrico Schaefer
  [update 030108 - Judge Reverses Prior Ruling and Dissolves Injunction] Read more about wikileaks turn of fortune. This is a great example of how the US justice system can, in fact, work. The Judge got it wrong, was provided new…

• Comment posted Feb 20, 2008 4:43 pm PST — by Enrico Schaefer
  Two injunction orders were issued, one against the Registrar Dynadot (which stipulated to the Order) Although the Permanent Injunction Order makes it appear that Dynadot stipulated to that order, it is now clear that they had stipulated to a much…

Federal Class Action Lawsuit Filed Against Network Solutions and ICANN

• Comment posted Feb 26, 2008 9:57 pm PST — by Enrico Schaefer
  I have posted a copy of the complaint which I found posted somewhere on-line (sorry but I could not retrace my steps).  The interesting thing is that we have searched the court docket and no such action exists in the…

• Comment posted Feb 26, 2008 12:02 pm PST — by Enrico Schaefer
  Here is a quote from the attorney who filed the class action: Kabateck said it was unclear how many plaintiffs would ultimately particapate in the lawsuit and therefore damages sought at this point are unknown. He estimates, though, that the…

• Comment posted Feb 25, 2008 11:59 pm PST — by Enrico Schaefer
  John:  That is the way I have seen it read as well.  But I also dug up a post I recently read at Jay's Domain Tools Blog recently where ICANN allegedly indicated that payment was required. There is a long…

• Comment posted Feb 25, 2008 11:12 pm PST — by Enrico Schaefer
  For the first few days after NSI instituted he so-called 'Reserve Policy' there was nothing on its web site that told users of its services that it would be 'reserving' all searched domains. I posted that NSI May Be Legally…

The Front Running Class Action Suit

• Comment posted Feb 27, 2008 7:29 pm PST — by Enrico Schaefer
  I am not suggesting that this suit is going to last very long very it gets tossed. I believe it will be dismissed early. Of course, a judge has a lot of latitude to apply or make exceptions.  These guys…

• Comment posted Feb 27, 2008 6:20 pm PST — by Enrico Schaefer
  Hey John:  Take a look at the complaint (unfiled but signed) found at this post here. I originally saw the possibilities under consumer protection laws since there was literally no notice provided that NSI would be 'reserving' the searched domains. …

NSI: "Don't Taunt Them, Kill Them"

• Comment posted Mar 25, 2008 2:04 am PDT — by Enrico Schaefer
  When it comes to the First Amendment, people get pretty animated.  But as you correctly point out, NSI and other registrars are in a unique market where the shear volume of domain name registrations makes it very difficult to apply…

WIPO Reports Record Number of Domain Disputes in 2007

• Comment posted Apr 01, 2008 8:10 pm PDT — by Enrico Schaefer
  Compared to the total volume of domains registered by bad-faith cybersquatters (mostly typo-squatters), the number of complaints filed every year under the UDRP is very small. Most companies and individuals don't ever get to the point of filing a UDRP…

June Court Decision Detrimental to Domaining Practices

• Comment posted Aug 04, 2008 3:52 pm PDT — by Enrico Schaefer
  This issue was previously discussed by Frank Schilling in his post Are all Land Developers Robber Barrons? in response to Prof.  Goldman's previous interview here.  In all fairness, Professor Goldman has never stated, to my knowledge, that all domainers are…

• Comment posted Aug 04, 2008 3:26 pm PDT — by Enrico Schaefer
  The word "domainer" presupposes the legitimate buying, selling and monetization of domain names. The word "cybersquatter" means the illegal and intentional act of registering domains which infringe the trademarks of third parties. Navigation Catalyst is not a "domainer" in my…

Domain Name Lessons from Napster

• Comment posted Sep 05, 2008 4:20 pm PDT — by Enrico Schaefer
  Interesting and timely post. I am not sure if you know that this issue was discussed yesterday ... Do Domainers Deserve Their Reputation As Cybersquatters Because They Fail To Police Their Own? Editorial: How the Domain Industry Can Clean Itself…

Who Should Bear Domain Name Risk?

• Comment posted Oct 02, 2008 2:33 pm PDT — by Enrico Schaefer
  There are certain domains which should be defensively registered. Obviously, the number of domains which could be registered is endless.  So there is a point of diminishing returns. We typically analyze the clients' domains and brand portfolio and make recommendations.…

• Comment posted Sep 30, 2008 4:58 pm PDT — by Enrico Schaefer
  Alex: Interesting post. We see companies - especially outside the more able e-commerce companies - losing their domain names every day due to a failure to understand and manage their administrative process.  Companies are often clueless concerning their registrant status,…