Domain Management

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New Brandsight Domain Management Survey Reveals Companies Face Challenges Managing Domain Portfolios

Brandsight recently concluded their Second Annual Domain Management Survey. Respondents to the survey were corporate domain name professionals. Of those that responded, 35% had portfolios that were between 3,000-10,000 domains and another 30% had portfolios greater than 10,000 domains. Fifty-seven percent of respondents reported that they manage domains out of the legal department, with the remaining respondents' portfolios managed out of IT, marketing and other groups. more

Respondent Had Rights or Legitimate Interests in Domain Name by Using It to Promote Genuine Business

In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more

Adopting IDN to Reach New Untapped Markets

An IDN is a domain name which uses a particular encoding and format to allow a wider range of scripts to represent domain names such as Gujarati, Arabic, Chinese, Cyrillic, Devanagari and many more scripts. In simple words, a domain name with non-English characters will be called an Internationalized Domain Name. Humans have a variety of languages and alphabets that are familiar to them, and domain names do too. IDN unlocks an increased familiarity and affinity for humans. more

WIPO Updates GDPR Guidance for UDRP

Three months after implementation of the European Union's (EU) General Data Protection Regulation (GDPR), the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center has expanded and updated its already helpful web page with important questions and answers about how the GDPR is impacting the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Limitations, Delays, and Laches as Defenses in Cybersquatting Claims

In passing the baton for combating cybersquatting to the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) recommended that "claims under the administrative procedure [should not] be subject to a time limitation" (Final Report, Paragraph 199). ICANN agreed and the UDRP contains no limitation period for making a claim. The absence of a limitation period does not necessarily forego applying equitable defenses for delay, but the consensus of Panels appointed to decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) is that they are not applicable in countering cybersquatting claims. more

Challenging UDRP Awards in Federal Court: Recent Outcomes

Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more

What's Abusive in Registering Domain Names, and the Reverse?

The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

New Domain Conference Coming to South America - Domaining Americas

Veteran domain investor Abner Duarte from PremiumDomains.com.br is featuring a new event called Domaining Americas, to be held in Rio de Janeiro, Brazil, in October 2018. He is puting together a major domain conference for South America. The debut edition of Domaining Americas will be held at the five-star Grand Hyatt Rio De Janiero on Saturday and Sunday, October 6-7, 2018. more

Combinations of Dictionary Words in Domain Names: Common vs. Distinctive Phrases

The lexicon of domain names consists of letters, words, numbers, dots, and dashes. When the characters correspond in whole (identical) or in part (confusingly similar) to trademarks or service marks and their registrations postdate the first use of marks in commerce registrants become challengeable under the Uniform Domain Name Dispute Resolution Policy (UDRP) as cybersquatters. more

Should Domain Names be Considered 'Contracts for Service' or 'Property Rights'?

The legal status of domain names is one of the most hotly debated topics with regards to evolving property rights and how they should be applied to technological and intellectual property 'innovations' in cyberspace. At present, there are two opposing factions on this topic: On one hand, there are those who maintain that domain names should be considered as contracts for services, which originate from the contractual agreement between the registrant and the registrar. more

Opting for UDRP Over URS

The Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Rapid Suspension System (URS) in 2013 together with three other rights protection mechanisms for trademarks. It "is not intended for use in any proceedings with open questions of fact, but only clear cases of trademark abuse"... It was designed to afford rights holders claiming abusive registration of domain names with new gTLD extensions an even faster route to remedy than the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Google Engineer Ben McIlwain on Why HSTS Could Be a Perfect Fit for .Brands Security

The Google-run .app TLD was always destined to draw attention and scrutiny, from the moment it fetched a then-record ICANN auction price of $25 million. Since it reached General Availability in May it has gained more than 250,000 registrations making it one of the world's most successful TLDs. However perhaps more interesting was Google's choice to add the .app TLD and its widely used .google extension to the HTTP Strict Transport Security (HSTS) Top-Level Domain preload list, offering an unprecedented level of security for all domains under .google and .app. more

Leveraging Traffic Statistics to Manage Corporate Domain Portfolios

Corporate domain name portfolios often consist of domain names that do not resolve to relevant content. In fact, it's not uncommon for less than half of corporate domains to point to live content. Sure there are domains such as those that point to "sucks" sites or those registered anonymously for future use that purposely do not resolve, but those are the exception to the rule. more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more

News Briefs

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

WIPO Reports Rise in Cybersquatting Cases, Triggered by New gTLDs

Facebook-owned Instagram Wants Domain Deal Upheld

Harm Caused by Typosquatting Is Still Modest, Research Suggests

Newly Released "Domain Name Arbitration" Book Offers Guide for Navigating UDRP

A Unique Seven-Month Long Study of the Typosquatting Landscape

WIPO Taking Screenshots of Filed UDRPs

Google Denied Right to Oogle.com, Registrant May Keep Domain

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