CircleID

Trademarking .generics - the .bank Fiasco!

I, for one, have been a proponent of new gTLDs from the early days of their policy development process within ICANN. I always believed that the existing gTLDs -- and mainly the .com space -- have created artificial scarcity, which is primarily responsible for much of the cybersquatting and the abuse trademarks experience. I do not share the same fears as those who argue that new gTLDs will create intolerable levels of cybersquatting or will necessitate defensive registrations from brand and trademark owners alike. more»

ICANN Pressured to Reserve Names: "We don't accept any more reservations!"

It is not a secret that I have been (and I continue to be) against the requests made to ICANN by the International Olympic Committee (IOC) and the Red Cross for special protection of their names and their variations. I am mainly against it because of the problems associated with these types of protection, the potential implications they may have and the fact that any attempt to reserve any names in the Domain Name Space will set a very bad precedent that will be detrimental to the whole new gTLDs experience. Well, the effect of this precedent is right upon us... more»

ICANN Senate Hearing: The Battle Between Intellectual Property and Multistakeholderism

The US Senate Committee on Commerce, Science and Transportation Hearing on ICANN's Expansion of Top Level Domain Names on December 8, 2001 was all about strategy. The strategy was simple: while the world has its attention turned to the debate on the copyright legislative proposals of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, let's have another ICANN hearing and try to re-open trademark protection for new gTLDs. more»

A Fairness 'Scorecard' for Trademark Protection Under the New gTLDs

In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future? more»

New Book on Domain Name Regulation

My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more»

Why WIPO's Proposed Fast-Track UDRP Process is Flawed

In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more»

JPA Agreement: Will it Change the Problems With the UDRP?

It was rather interesting to read this new agreement between the USDoC and ICANN talking about the mechanisms, methods and procedures necessary to effect the transition of Internet domain name and addressing system (DNS) to the private sector. What was more interesting though was to read in this very agreement the following: "...the Department continues to support the work of ICANN as the coordinator for the technical functions related to the management of the Internet DNS". OK, let's be honest! Technical? more»

Why We Need to Find Solutions on Internet Governance As Soon As Possible

Internet Governance is the buzzword, especially over the past couple of years, with debates and negotiations taking place almost with the same intensity and pathos of delicate issues, such as terrorism. But Internet Governance is a delicate issue. At the beginning, there was the web that made everything better... Life was good and exciting. That was Internet 1.0. But consider Internet 2.0, currently in development. No longer an egalitarian utopia, it has become much like the rest of our society -- divided by class, geography, culture, religion and politics. And its growing fragmentation threatens us all -- because we will be asked to take sides. more»