Domain Management

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The Digital Decade – A Look Ahead

As 2019 wrapped up, we took some time to reflect on some of the most impactful digital developments of the past decade and how they helped change our digital lives, including: the rise of mobile and tablet usage; the importance of mobile apps; the explosion of social media and online gaming; cloud computing; domain names, brand protection and the impact of GDP. Now that we've passed the New Year, it's time to look forward. more

Unfamiliarity and Unpreparedness in Proceedings Under the UDRP

There is a difference, of course, between asserting a claim that cannot possibly succeed in an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) and being unprepared to prove a claim that may have merit with the right evidence. Still, there is also an overlapping similarity in that complainants are either shockingly unfamiliar with UDRP procedures and jurisprudence... more

The Digital Decade – A Look Back

With 2019 coming to a close, we're not just saying goodbye to the past 365 days, we're also saying goodbye to an entire decade. As we bid farewell to the 2010s, we're taking this opportunity to look back and reflect on the digital decade as well as consider what the future might have in store for us all. The past ten years were a whirlwind of change, with new advances in technology exploding onto the market at a faster pace than ever before. more

DNS, Domain Names, and Certificates: The Missing Links in Most Cybersecurity Risk Postures

In 2019, we've seen a surge in domain name system (DNS) hijacking attempts and have relayed warnings from the U.S. Cybersecurity and Infrastructure Agency, U.K.'s Cybersecurity Centre, ICANN, and other notable security experts. Although the topic has gained popularity amongst CIOs and CISOs, most companies are still overlooking important security blind spots when it comes to securing their digital assets outside the enterprise firewalls -- domains, DNS, digital certificates. more

Revisiting Reverse Domain Name Hijacking

The conduct that reverse domain name hijacking (RDNH) was crafted to punish is "using the [Uniform Domain Name Dispute Resolution Policy] in bad faith to attempt to deprive a registered domain-name holder of a domain name." There are several variations ranging from the plain vanilla, claims that should never have been brought – mark owners whose rights postdate the registration of the challenged domain name as in Vudu, Inc. v. WhoisGuard, Inc. / K Blacklock, D2019-2247... more

The Ghosts of Deletions Future – December 2018 Versus December 2019

In the absence of data on renewals and deletions which are yet to happen, it can be enlightening to compare the domain names from the zone files of a year ago to the domain names in the current zones. The first group is the legacy gTLDs. The "Retained" domain names are those still in the December 2019 zone files. The "Deleted" domain names are those which are no longer in the current zones. Some of the retained domain names may have been reregistered, but these are not renewals charts. more

Defensive Domain Name Registrations – Exactly Where Should They Resolve?

Domain names can be valuable assets, but many corporate domain name portfolios consist of non-resolving domains. In a recent survey conducted by Brandsight, more than 91% of domain professionals said that ensuring domains redirect to relevant content was an extremely important or somewhat important goal. That said, it's not uncommon for less than half of corporate domain name portfolios to point to live content. more

Domain Enforcement in a Post-GDPR World

The implementation of the General Data Protection Regulation (GDPR), and ICANN's conservative temporary policy, which favors privacy and limits registrar liability, has made domain enforcement against cybersquatters, cyber criminals and infringement more difficult, expensive and slow. With heightened concerns over privacy following high-profile breaches of consumer data and its subsequent illicit use and distribution, there is no question that consumer data protection practices would come under scrutiny. more

Celebrating Twenty Years of the UDRP

The Uniform Domain Name Dispute Resolution Policy, commonly known as the UDRP, was first introduced on October 24, 1999, by the Internet Corporation for Assigned Names and Numbers (ICANN). The UDRP is incorporated by reference into Registration Agreements for all generic top-level domain names (gTLDs) and some country-code top-level domain names (ccTLDs). more

Dead Ends: The Achievement of Consensus in UDRP Jurisprudence

Like the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is consensus-driven; from the bottom up, not the top down. The result is a jurisprudence of domain names that develops in common-law fashion through Panel decisions that over time and through "deliberative conversations" among panelists resolve into consensus. more

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

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

How Domain Reputation API Can Help Detect HTTPS-Protected Phishing Sites

How to Safeguard Against Domain Look-Alikes with Domain and Brand Monitoring Services

Reverse Domain Hijacking and the Use of WHOIS and Domain Brand Monitoring Tools

DNS Hijacking: The Iranian Cybersecurity Threat That May Be Overlooked

Addressing Cybersquatting Dangers Using Brand Alert API and WHOIS Lookup

Retrospective: Post-GDPR Compliance Rates for Domain Enforcement

Fake Airline Ticket Scams: Domain Spoofing and Other Red Flags

Take Brand Protection Up a Notch with Domain Research and Monitoring Tools

Mitigating Phishing Attacks on Cloud/File Storage Services through Domain Reputation API

Taking a Closer Look at Reverse Domain Name Hijacking (RDNH) with WHOIS Search and Brand Monitor

Legal Services as a Phishing Target: How Domain Reputation Checks Can Help

Reverse Domain Name Hijacking: What It Is and How to Avoid It through a Domain Availability Check

Investigating Domain Abuse Complaints with Brand Monitoring Software

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

Procuring Digital Evidence for Reverse Domain Hijacking Case with Domain Research & Monitoring Tools

Participants – Random Selection