Domain Management

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Corporate Domain Name Management Becoming More Difficult – Is Anyone Surprised?

Brandsight recently concluded their Third Annual Domain Management Survey. Designed to uncover issues of greatest concern to corporate domain name professionals, the survey was sent to more than 300 companies. The companies that responded spanned all verticals, ranging from financial services to high-tech to consumer packaged goods. Of those that responded, 18% had portfolios smaller than 500 domains... more

Recovering Domain Names Lost to Fraudulent Transfer

Domain Names composed of generic terms and combinations – dictionary words, random letters, and short strings – have achieved ascending values in the secondary market. DNJournal.com (Ron Jackson) reports on his year to date chart, for example (just a random sampling from the charts) in August 2019 joyride.com was sold for $300,000, in June voice.com sold for $30 million, in July rx.com sold for $1 million, and in January california.com sold for $3 million... The magnitude of the reported sales suggests that businesses have come to depend on resellers than go to the trouble of inventing brand names from scratch. more

Domain Name Registrar Isn't Liable for Counterfeit Goods – InvenTel v. GoDaddy

InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round of litigation involving a new counterfeit site allegedly by the same bad guys, www.hdminorcarnbuy.com, a domain name registered via GoDaddy. more

Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names. more

A Mexican Standoff in Wonderland

Wikipedia defines a Mexican standoff as "a confrontation in which no strategy exists that allows any party to achieve victory. As a result, all participants need to maintain the strategic tension, which remains unresolved until some outside event makes it possible to resolve it." This would be an apt way to describe what may be possibly occurring presently between the Internet Corporation for Assigned Names and Numbers (ICANN) and its largest ratepayer, VeriSign. more

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more

Corporate Domain Management in 2019: Consolidated Portfolio or Two-Vendor Approach – Why Not Both?

For close to 15 years, when it comes to domain name management, I've personally touted two things: 1) the importance of using a single, secure, corporate domain name registrar and 2) the importance of having a fully-consolidated domain name portfolio for even the largest portfolios. And in many ways, this made sense back then. With a single, corporate-focused registrar, domain professionals were able to access and manage all domains from within a centralized repository. more

What Modern Businesses Need to Know Regarding Geo Names and Jurisdiction in Domain Name Disputes

The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more

Words and Descriptive Phrases as Trademarks Registered as Domain Names

In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace. more

Domain Abuse: Are We Speaking the Same Language?

For those of us in the domain name industry, it's clear that security threats and the way we track, report, and mitigate them has been a topic of increased discussion and focus in recent months. As we prepare to come together as a community again at the next ICANN public meeting in Marrakech, many of us will look to continue these conversations, as there is no doubt it is a topic of importance, relevance and urgency for our community at this time. more

Trademark Owners Beware – There's a New Brand Identifier to Worry About

You might not understand how crypto-currencies or blockchain wallets work, but Facebook's announcement this week is a clear signal that these new technologies will soon become ubiquitous. Facebook's introduction of its own crypto-currency to its 2 billion users means mass adoption of crypto-currencies and digital wallets are on the horizon. This has implications that trademark owners need to be aware of. more

All Domain Name Professionals – Now Is the Time for a Portfolio Review

As we move further into the summer months and the demands made upon domain professionals typically ease, now is the ideal time to review domain name portfolios. And technology solutions can greatly automate this process. Ensuring that portfolios are pared, appropriate levels of security are implemented, and domains point to relevant content are all key areas upon which to focus. more

Coachella Unsuccessful in Domain Name Dispute, Failing to Prove Bad Faith Use and Registration

The Complainant is the owner of the well-known Coachella festival. It owns a trademark registration, issued in 2016, for the mark CHELLA. The Respondent asserted that he intended to use the disputed domain name to set up an online women's clothing store but never did so. He claimed that growing up, his nickname was "Chelle" and that he modified that name to make it sound more feminine for use in connection with the store. more

Back to the Future Part IV: The Price-Fixing Paradox of the DNS

GenX-ers may remember spending a summer afternoon at the movie theater and seeing the somewhat corny but beloved antics of Marty McFly and Doc as they used a souped-up Delorean to travel the space-time continuum. In Back to the Future Part II, Doc and Marty travel into the future, where the bullying, boorish Biff causes a time-travel paradox when he steals the Delorean and takes a joyride into the past to give his younger self a sports almanac containing the final scores of decades worth of sporting events. more

UDRP Complaint: Actually, a Motion for Summary Judgment

Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more

News Briefs

Nominet, the .UK Operator Says Its Domain Dispute Resolution Service Has Saved £180 Million to Date

New Zealand’s Domain Name Commission Wins Appeal in Lawsuit Against US DomainTools

GrubHub Accused of Cybersquatting Thousands of Restuarant Domain Names

WIPO Reports Cybersquatting Cases Grew by 12% Reaching New Records in 2018

CENTR Publishes a Paper on Domain Name Registries and Online Content

Neglected Domain Renewals Increasingly Scooped Up by Crooks for Credit Card Stealing Purposes

U.S. Government Extends Its Cooperative Agreement With Verisign, Green Lights .Com Price Increase

Special Interests Circulating Draft Legislation to Cut Short ICANN's Whois Policy Process

The .EU Top-Level Domain Facing Radical Shake Up as a Result of the Proposed New European Regulation

ICANN Files Legal Action Against Domain Registrar for Refusal to Collect WHOIS Data

A Short-Term Suspension of GDPR Enforcement on WHOIS May Be Necessary, Says U.S. Government

ICANN Releases Temporary WHOIS Specification Plan for GDPR Compliance With Deadline Two Weeks Away

ICANN CEO "Cautiously Optimistic" EU to Provide Clear Guidance for Domain Industry GDPR Compliance

Microsoft, Facebook and Others Demand ICANN Take a Closer Look at Questionable Registrars

EFF Warns ICANN Not to Engage in Censorship, Says It Should Stick to Technical Role

Dell Loses Key Customer Support Domain Name for a Month, Site Exposed to Questionable Content

Cycling Legend Greg LeMond Sues Cybersquatters Upward of $6.6 Million

Russian Interference More Vigorous than Assumed, Over 39 States Targeted During Election

CADNA Returns to Lobby for Stronger Cybersquatting Laws

New Technique Detects and Eliminates Abusive Domains at Time of Registration

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Industry Updates

Afilias Thanks Desiree Miloshevic for 12 Years of Service to ISOC

Verisign Q2 2019 Domain Name Industry Brief: Internet Grows to 354.7 Million Domains in Q2 of 2019

101domain Goes Platinum with Sedo: Good for Both Domain Investors and Buyers

Reverse WHOIS: A Powerful Process in Cybersecurity

Verisign Q1 2019 Domain Name Industry Brief: Internet Grows to 351.8 Million Domains in Q1 of 2019

Domain Reputation API: Scoring High Points for Deliverability and Security

Verisign Q4 2018 Domain Name Industry Brief: Internet Grows to 348.7 Million Domains in Q4 of 2018

Radix Releases Its Bi-Annual Premium Domain Report Covering Second Half of 2018

Verisign Q3 2018 Domain Name Industry Brief: Internet Grows to 342.4 Million Domains in Q3 of 2018

Neustar and usTLD Stakeholder Council to Hold .US Town Hall Live Webcast

Radix Releases Its Bi-Annual Premium Domain Report Covering First Half of 2018

New .LLC Domain Landrush Period Begins July 9, General Availability Begins July 23rd

Top 10 Trending Keywords in .com and .net Registrations in May

eco/i2Coalition Update Webinar on ICANN Contracted Party GDPR Compliance

Afilias to Support ICANN Community Response to the EU's GDPR

Participants – Random Selection