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The Fight Is on to Save Access to WHOIS: A Call to Action for Brand Owners

Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet.  more

Digital Download Laws Force Users to Become Pirates, Says European Commissioner

European laws governing the digitization of content such as books, movies and music need a major re-working in order to keep Europe relevant in the digital age, said the European Commissioner for the information society and telecoms Viviane Reding on Thursday. Laying out her manifesto for a renewed five-year term in the job, Reding said in a speech that she shares the frustrations of Internet companies including Google, which would like to offer interesting business models in the field of online book publishing,"but cannot do so because of the fragmented regulatory system in Europe." more

Domain Registrations in New TLDs Overwhelmingly for Defensive Purposes, INTA Study

During the ICANN meeting in South Africa last week, the impact of new gTLD rights protection mechanisms (RPMS) was the subject of key discussions, and some concerns were voiced regarding trademark owners themselves registering domain names excessively and technically abusing the sunrise period. more

Live Streaming Apps: Piracy Trends Are-A-Changing

Until recently, digital pirates have used both P2P sites and cyberlockers to upload and share pirated content. But as Internet connection speeds have increased, the piracy landscape has changed, and the appearance of streaming content has proliferated. In fact, 38% of online sporting fans are watching live streaming of their favorite events. However, the recent introduction of live streaming apps is further compounding issues surrounding online piracy... 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

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

Google & eBay, Keywords & Domains, & ICANN

Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more

New Zealand Releases Revamped Three Strikes Proposal

The New Zealand government has released a revamped three strikes proposal that incorporates full court hearings and the possibility of financial penalties. A prior proposal, which would have resulted in subscriber access being terminated without court oversight, was dropped earlier this year following public protest. more

Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark - instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement if the brands are registered with the Trademark Mark Clearing House, but notices do not function as injunctions to block registrants from registering infringing names. more

Stopping SOPA's Anti-Circumvention

The House's Stop Online Piracy Act is in Judiciary Committee Markup today. As numerous protests, open letters, and advocacy campaigns across the Web, this is a seriously flawed bill. Sen. Ron Wyden and Rep. Darrell Issa's proposed OPEN Act points out, by contrast, some of the procedural problems. Here, I analyze just one of the problematic provisions of SOPA: a new"anticircumvention" provision more

The Web is Dead: What This Means to ICANN, New gTLD Program and the Domain Industry

While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. more

ISOC Joins Opposition to Stop Online Piracy Act

In a letter released on Monday, the Internet Society Board of Trustees has expressed concern with a number of U.S. legislative proposals that would mandate DNS blocking and filtering by ISPs to protect the interests of copyright holders. "Policies mandating DNS filtering undermine the open architecture of the Internet and raise human rights and freedom of expression concerns," says Internet Society (ISOC). 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

How Copyright Violators Are Removed from Search Engine Listings Based on DMCA

It may not be widely-known but the big 3 search engines -- Google, Yahoo! and Bing -- have established procedures for removing natural search results on the basis of the Digital Millennium Copyright Act (DMCA). That's good news for brand owners: if consumers can't find infringing websites via the search engines, they're less likely to come across them at all... more

2018 Domain Name Year in Review

Well, it's that time of year again. The time of year when I look back at all of the biggest domain news stories from the last twelve months, and also reflect on my predictions from last year. As expected, GDPR has had a major impact on the ability to access domain ownership information. And we did indeed see a number of M&A transactions over this last year. However, there wasn't a lot of new .Brand activity. This is one prediction where I may have missed the mark... more

Industry Updates

Newly Registered Domains List Show Recent Registrations Continue to Pose Cybersecurity Risks

How to Avoid Phishing Campaigns Targeting CARES Act Recipients

Newly Registered Domains Database Shows Threat Actors Exploit the Need for N95 Masks amid the Pandem

Under the Hood of 3M- and 3M Mask-Themed Recently Registered Domains

Domain Intelligence Shows Cybercriminals May Abuse Video-Conferencing Services' Brand Names

Even for Available Domain Names, There Is No Leaving WHOIS History to Chance

Digital Asset Security: Back to Basics

Brand Monitor and Typosquatting Data Feed: Two Assets to Support Spear-Phishing Prevention

Looking Into a Possible Coronavirus-Themed Survey Scam Turning Out to Be a False Positive

MarkMonitor Releases New gTLD Quarterly Report for Q1 2020

The Internet Infrastructure Industry Is Protecting Digital Trust and Fighting COVID-19 Related Fraud

Beyond the Firewall: DNS Defenses to Manage Online Threats

Beefing Up Trademark Monitoring with Domain Brand Monitoring Solutions

Internet and Mobile Exploitation of the Coronavirus

Prevent Network Users from Visiting Fake Domains and Settlement Pages with WHOIS Lookups