Domain Names

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

The Start of Something Big: ICANN Announces Planning for Round Two of New gTLDs

ICANN has published a short paper in advance of its 65th meeting in Marrakech which starts on 23 June 2019. Entitled, "ICANN Org's Readiness to Support Future Rounds of New gTLDs," it describes ICANN's working assumptions for "policy implementation and operational readiness for a subsequent round of new gTLDs". The document is necessary for ICANN to move forward with essential preparations for the next round. 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

Afnic Reveals the Results of Its Study of the World’s Domain Name Market in 2018

A new publication of Afnic deals with the overall trends of the Domain Name market in 2018. The publication of ICANN statistics as at the end of last year allows a quantified assessment of 2018, a period of moderate upswing after the "set-down" of 2017. The data on which this study is based come from ICANN reports from information provided by registries in certain frameworks. more

ICANN and Voodoo Economics in Wonderland

The exposed areas needing improvement by ICANN - both the organization as well as its global community of stakeholders - provide a target-rich environment. In the nearly three years since the completion of the transition of the Internet Assigned Names Authority (IANA), ICANN has persistently sought to drive top-down dictatorial policymaking; to shroud its activities and decision-making from public view; and, to evade accountability -- in some cases even doubling down on its efforts. 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

A Report on DNS Operations, Analysis, and Research Center (DNS-OARC) 30th Meeting

DNS Operations, Analysis, and Research Center (DNS-OARC) held its 30th meeting in Bangkok on the 12th and 13th May. Here's what attracted my interest from two full days of DNS presentations and conversations, together with a summary of the other material that was presented at this workshop. Some Bad News for DANE (and DNSSEC): For many years the Domain Name X509 certification system, or WebPKI, has been the weak point of Internet security... more

Food for Thought on the "New TLD" Business Models

There is always some degree of confusion in discussions about the "new TLDs". Some points of view try to be optimistic, others on the contrary only highlight the bad news, and most refer indistinctly to the "new TLDs" as if they did not break down into different segments, each of which obeys dynamics and constraints of its own. The purpose of this post is to provide some food for thought and to shed some light on those dynamics and constraints... 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

8th Registration Operations Workshop (ROW), May 9th, 2019, Bangkok

The Registration Operations Workshop (ROW) was conceived as an informal industry conference that would provide a forum for discussion of the technical aspects of registration operations in the domain name system. The 8th ROW will be held in Bangkok, Thailand on Thursday, May 9th, 2019 in the afternoon, at the end of the GDD Industry Summit, in the same venue. more

The Three-Character Question at the Heart of Single-Character .COMs: W-H-Y?

In the matter relating to O.COM, I've focused on the fact that VeriSign has -- in correspondence to the organization that is counter-party to its .COM and transliterated .COM IDN Registry Agreements, in earnings calls with its investors and financial analysts, and in policy published on its website for every innocent and unsuspecting Tom, Dick, and Harry in the world to be duped by -- stated an unequivocal and unwavering commitment . more

The Spurious Justifications for Eliminating Price Caps on .org and Other Legacy Domains

ICANN is about to do serious damage to its reputation by making a precipitous, ill-considered leap into the unknown should it follow through on removing price constraints on several legacy extensions, most notably .org. Doing so would expose a global community of non-profits to the risk of quickly-escalating exploitative pricing. The rationale for eliminating price caps relies on three points, all of which are incorrect. more