CAICT Holds ICANN 59 China Internet Community Readout Session

In afternoon of 14th July, the China Academy of Information and Communication Technology (CAICT) and ICANN Beijing Engagement Center jointly held the ICANN 59 China Internet Community Readout Session. Mr. Zhang Ya, Deputy Director of Information and Communication Authority under the Ministry of Industry and Information Technology (MIIT), made his presence and gave opening remarks on the meeting. Over 40 representatives from the Cyberspace Administration, the Ministry of Foreign Affairs, domain name registries and registrars, industrial organizations, institutes and universities participated in the seminar. more»

No Time Bar, No Laches under the UDRP

Two Uniform Domain-Name Dispute-Resolution Policy (UDRP) decisions posted this month involved domain names registered 20 and 21 years ago, David Duchovny v. Alberta Hot Rods c/o Jeff Burgar, 21 years and Commonwealth Bank of Australia v. Registration Private, Domains By Proxy, 20 years. Complainants prevailed in both cases. The domain names stand out as being the oldest to have been found registered in bad faith, and transferred. more»

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. more»

Mid-Year .brands Review: 2017 Off to a Brilliant Start

If you've read my blogs in the past, you'll know that I'm really passionate about the benefits that .brands can deliver to organizations and their customers. We are now half way through 2017 which provides us with an opportunity to have a good hard look at the data and reflect on the last six months in the .brands space. Here is the punchline -- it's pretty damn impressive, and for a variety of reasons. more»

CENTR Awards to Include Best Domain Name Registry as Chosen by Registrars

CENTR, the body which represent of European domain registries, will be holding its annual awards again this year. What's different for 2017 however is that they've added a new category: "Registry of the Year Award" ... And unlike with the other award categories, this one is open for voting to the registrar channel. The online voting or ranking is open now and is open to registrars who have a direct relationship with the registries. more»

After 21 Years, Actor David Duchovny Wins His Domain Name

While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more»

Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?

Naming is the first imperative. It precedes the launching of new lives as much as it does new businesses. Names secure a presence, and for businesses in the marketplace names can grow into trademarks, if they function like one. Are we not sometimes made aware that not all names are equally distinctive, and that some of them are distinctly commonplace? more»

Next Generation gTLD Registration Directory Services (NG RDS) - Proposed Successor to WHOIS

The information in WHOIS database is very important to Law Enforcement Agencies, Intellectual Property Owners, and all Internet Users in general, who use this data to locate/contact domain name owners for various purposes including but not limited to enforcing laws or addressing grievances related to cybercrime and other cases of DNS abuse like Spam, Phishing, Malware etc. However, Privacy and Proxy Services are also available for many Top Level Domain Registries... more»

Phishing: the Worst of Times in the DNS

The Anti-Phishing Working Group has released its latest Global Phishing Survey, written by myself and Rod Rasmussen. This report comprehensively examines a large data set of more than 250,000 confirmed phishing attacks detected in 2015 and 2016. By analyzing this cybercrime activity, we have learned more about what phishers have been doing, and how they have done it. Unfortunately, there's more phishing than ever, and phishers are registering more domain names than ever. more»

Cars.com $850 Million Valuation: Methodology Critique

Here is a critical look at a recent online essay about the methodology to estimate the value of the domain name cars.com, which was estimated to be $850 million. Not about estimation of valuation model's parameters' nor whether the estimate is too low or too high. Rather its valuation methodology... The purpose of a valuation is Important. Absolute valuation of any asset is its value when put to its best use. more»

What to Expect at ICANN 59, Johannesburg

I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more»

How to Dispute a Third-Level 'Country-Code' .com Domain Name (Such as nike.eu.com)

Shortly after I recently wrote about WIPO's new role as a domain name dispute provider for the .eu ccTLD, the Forum published its first decision on another type of "eu" domain name: eu.com. The decision involved the domain name nike.eu.com. What makes this case interesting is that it represents one of the few .com domain name disputes that includes a country-code in the second-level portion of the domain name. more»

New Standard for Reverse Domain Name Hijacking

Uniform Domain-Name Dispute-Resolution Policy (UDRP) Rule 1 defines Reverse Domain Name Hijacking (RDNH) as "using the Policy in bad faith to attempt to deprive a registered domain name holder of a domain name"... There has been a mixed history in granting and denying this remedy for overreaching rights. Some Panels consider RDNH regardless whether it has been requested (even if respondent defaults in responding to the complaint); others will only consider the issue if requested. more»

Trademark Owner Loses Two Domain Name Disputes - On Same Domain Name

I've said many times that winning a domain name dispute under the Uniform Rapid Suspension System (URS) is much more challenging than under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, that doesn't mean trademark owners should take the UDRP for granted. One complainant learned that lesson an especially hard way -- first by losing a URS determination and then by losing a UDRP decision on the same domain name. more»

Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more»