Domain Management

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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

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

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

Article 22 of the GDPR Should Not Preclude Contemplated Automation

There is an ongoing disagreement among various members and groups in the ICANN community regarding automation -- namely, whether and to what extent automation can be used to disclose registrant data in response to legitimate data disclosure requests. A major contributing factor to the complications around automation has been confusion about how to interpret and apply Article 22 of the GDPR. more

Your Domain Name Does Matter in Search Results – Microsoft Says So!

I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post.  more

Hundreds of "George Floyd" and "Black Lives Matter" Domain Names Appear in the DNS

Trending news and global events impact domain registration behaviors. We observed a slew of coronavirus-themed domain name registrations, for example, as early as January. George Floyd's death, which sparked several Black Lives Matter movements, is no different. Three days after George Floyd died, our data feed started detecting George Floyd-themed domain names... We retrieved all domain names that contain the strings "eorge," and "lackliv" from 28 May to 7 June and found 402. more

Thumb on the Scales

Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more

The Impact of a Pandemic on Cyberattacks and Business Continuity Plans

A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. more

When It Comes to Domain Name Rights Protection, scapegoat.sucks

It is not surprising that the phase 1 review of domain name rights protection mechanisms is delayed, but it is a bit of a surprise that in responding to a question posed in 2020, business executives and their lawyers replied with answers first offered and rejected five years earlier. In that time before COVID-19, the launch of the Vox Populi Registry and its dotSucks domain names drew quite a lot of attention. more

COVID Domain Registrations Surged in March

The Internet and the domain name system (DNS) have become the mainstay of the new COVID sheltered world. Afilias looked at registrations in the unrestricted domain name space, with a special focus on the popular .INFO, .PRO, .MOBI and .IO domain name extensions. The data shows that the number of website and domain registrations related to COVID and Coronavirus in these extensions is flattening after a surge in March. more

A Cautionary Tale of Reputation Damage: Striking the Right Balance With Brand Protection

In early March 2020, a well-known European fashion brand found themselves on the receiving end of a protest campaign on social media. The background to the case was the fact that, in 2019, the brand had launched a cease and desist (C&D) action against a small, U.K.-based company in response to their use of similar product names and sale of associated clothing merchandise. more

Five Common Issues in Domain Management, and Solutions

Has your organization ever missed renewing a domain name? You really don't want to be in the news for that. Just look up "company forgot to renew domain name" and read about the historical consequences of missing vital domain name renewals. They range from failed services or infrastructure, lost revenue, lost business partners, wrecked reputation, hefty regulatory fines, to even the collapse of a business. more

Practical Pointers for Paring Domain Name Portfolios

As we enter the new normal, many legal departments have already begun looking for ways to reduce spend even as they are being asked to register COVID-19 domains. IP maintenance fees for patents, trademarks and domains are a natural place to start. While paring back patent and trademark portfolios can yield some significant savings, it's well-known that most corporate domain name portfolios contain registrations that are no longer needed. more

3 Reasons It's Crucial to Review Your Domain Lock Portfolio Now

Just as we started the new year, the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency's (CISA) issued an alert. On January 6, 2020 , they warned of domain name system (DNS) hijacking and other cyber threats that may be used by nation-state threat actors to disrupt business activity and take control of vital internet assets. A familiar refrain heard in 2019 now repeating in 2020. more

With Q1 in the Books, the Only Constant in the Domain Industry Is Change

As the first quarter of 2020 ended, the number of new generic Top-Level Domain (gTLD) domain registrations reached approximately 33.2 million. We expect to see additional growth through 2020 as TLDs such as .GAY will complete their launches before the end of the year. Meetings and conferences in the domain industry in 2020 are in flux but will go on in new formats, new timeframes and new locations. more

News Briefs

Verisign Extends COVID-19 Wholesale Restore Fee Waiver

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

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