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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

New gTLDs: Are You Rich?

Did you know about these new domain name extensions which focus on wellness, wealth and ego? Well, I listed them and there is an interesting one... which really is unique... Many want to be famous and some industries should have a look at this list of extensions since they are keywords dedicated to very powerful industries: Gold and Diamonds, for example, have their own new gTLD for domain names ending in ".gold" and ".diamonds". more

How Big Is the Domain Business?

When you're standing close to ICANN, the domain business may seem pretty big, but when you stand farther away, not so much. Verisign's revenues are about $1 billion/year. The .COM and .NET top-level domains together have about 150M names. The next biggest gTLDS are .ORG with 25M and .INFO with 12M. The biggest new TLDs are TOP with 2.9M and .XYZ with 1.8M, with both bloated by firesale prices. The rest are smaller, mostly much smaller. 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

Addressing Technical and Operational Needs with TechOps

In the ICANN realm, TechOps stands for Technical and Operations and its goal is to simplify processes, to find solutions, and to advise on technical and operational matters. There are three TechOps groups: The Registry, the Registrar and the joint Registry and Registrar, also known as Contracted Party House (CPH). How did we get there and what exactly are we doing? more

French Acquire the .Best New gTLD - Interview with the New Owner

This is an interview with Cyril Fremont, the first French entrepreneur to have acquired a new generic Top-Level Domain (gTLD). We long waited for innovation in the new gTLD industry and reading between the lines of this interview, one will understand that the reason behind this acquisition is "not" to sell domain names - the way registries do it in 2018. If ".Best" domains remain open to all here, this registry is planning to create innovative projects that will be launched in the near future with some possibly big surprises. more

ICANN at a Crossroads: GDPR and Human Rights

The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN. 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

When the Backend Domain Name Registry Is Too Expensive

What we call a "backend registry" is the mandatory technical platform to operate a domain name extension and all registries have one. It is the backend registry that allows accredited registrars to technically sell domain names for each top-level domain (TLD). The question here is: what happens to a registry, who sells domain names to accredited registrars when his backend registry solution provider is too expensive? more

It's About Whois Display And Access

The need for an access model for non-public Whois data has been apparent since GDPR became a major issue before the community well over a year ago. Now is the time to address it seriously, and not with half measures. We urgently need a temporary model for access to non-public Whois data for legitimate uses, while the community undertakes longer-term policy development efforts. more

Access to Safe and Affordable Prescription Medications Online is a Human Right

I recently served on a panel at the Toronto RightsCon 2018 conference (Making Safe Online Access to Affordable Medication Real: Addressing the UN Human Rights resolution for access to essential medicines), where I represented the perspective of Americans struggling to afford their daily medications and desperate to have safe, affordable Internet access to their prescriptions. more

News Briefs

Neustar Announces New President and CEO Succeeding Lisa Hook

Former ICANN Senior Vice President Kurt Pritz to be Named Chair of Whois Group

DomainTools Sued for Misusing New Zealand's .NZ Domain Name Registration Information

Anti-Phishing Working Group Proposes Use of Secure Hashing to Address GDPR-Whois Debacle

European Data Regulators Throw ICANN Back to the Drawing Board for a Third Time on Whois Privacy

Domain Registrars Fined Over $2M for Scamming Australians

Most Abused TLDs Put Under Spotlight by Spamhaus

ICANN Files Legal Action Against Domain Registrar for Refusal to Collect WHOIS Data

Domain Name Registrars Ask ICANN for a "Moratorium" on Its New GDPR Policy

ICANN Releases Temporary WHOIS Specification Plan for GDPR Compliance With Deadline Two Weeks Away

44% Of Domain Names Globally are Country Code TLDs, 56% Generic TLDs, Reports CENTR

Canada's .CA Hits All-Time High Domain Registrations

Google's .APP TLD Now in General Availability Phase Following Record-Breaking Early Access Period

MMX Announces Acquisition of ICM Registry

Access Logs Reveal 12M Visits to .CM Typosquatted Sites Just in 2018 So Far

EFF Urges EURid to Refuse EU Commission's "Misguided Advice" to Eliminate UK-Registered .EU Domains

ICANN CEO "Cautiously Optimistic" EU to Provide Clear Guidance for Domain Industry GDPR Compliance

ICANN's GDPR Compliance Model for Whois Unlikely to Be Implemented in Time for May 25 Deadline

ICANN Community Leader Stéphane Van Gelder Has Died

Microsoft, Facebook and Others Demand ICANN Take a Closer Look at Questionable Registrars

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Verisign Updates – Sponsor

Verisign Q2 2018 Domain Name Industry Brief: Internet Grows to 339.8 Million Domains in Q2 of 2018

Today, we released the latest issue of the Domain Name Industry Brief, which showed that the second quarter of 2018 closed with approximately 339.8 million domain name registrations across all top-level domains (TLDs), an increase of approximately 6.0 million domain name registrations, or 1.8 percent, compared to the first quarter of 2018. more

Verisign Launches קום., a New, Generic Top-level Domain for Hebrew Speakers*

Verisign announces the launch of our phased rollout of קום. in Hebrew script. This new, Verisign-operated internationalized domain name (IDN) extension was created to help businesses and individuals connect with customers in their local language. more

Verisign Q1 2018 Domain Name Industry Brief: Internet Grows to 333.8 Million Domains in Q1 of 2018

Today, we released the latest issue of the Domain Name Industry Brief, which showed that the first quarter of 2018 closed with approximately 333.8 million domain name registrations across all top-level domains (TLDs), an increase of approximately 1.4 million domain name registrations, or 0.4 percent, compared to the fourth quarter of 2017. more

Top 10 Trending Keywords in .com and .net Registrations in May

With more than 300 million domain names registered globally, there are numerous examples of trending keywords reflected by domain name registrations. We have shown in the past that there is a correlation between domain name registrations and newsworthy and popular events, as well as anticipated trends. more

Top 10 Trending Keywords in .COM and .NET Registrations in April

With more than 300 million domain names registered globally, there are numerous examples of trending keywords reflected by domain name registrations. We have shown in the past that there is a correlation between domain name registrations and newsworthy and popular events, as well as anticipated trends. more

Verisign Domain Name Industry Brief: Internet Grows to 332.4 Million Domain Registrations in Q4 2017

Verisign has released the latest issue of the Domain Name Industry Brief, which showed that the fourth quarter of 2017 closed with approximately 332.4 million domain name registrations across all top-level domains (TLDs), an increase of approximately 1.7 million domain name registrations as of Dec. 31, 2017. more

Top 10 Trending Keywords in .COM and .NET Registrations in October

Keeping in the spirit of the zeitgeist that .com and .net domain name registration trends can represent, Verisign publishes this monthly blog post series identifying the top 10 trending .com and .net keywords registered in English during the preceding month. more

Industry Updates

Verisign Q2 2018 Domain Name Industry Brief: Internet Grows to 339.8 Million Domains in Q2 of 2018

Radix Releases Its Bi-Annual Premium Domain Report Covering First Half of 2018

Verisign Launches קום., a New, Generic Top-level Domain for Hebrew Speakers*

New .LLC Domain Landrush Period Begins July 9, General Availability Begins July 23rd

.au Completes Historic Transition to Afilias, 3.1M Domain Names Transferred to New Infrastructure

Verisign Q1 2018 Domain Name Industry Brief: Internet Grows to 333.8 Million Domains in Q1 of 2018

Top 10 Trending Keywords in .com and .net Registrations in May

Top 10 Trending Keywords in .COM and .NET Registrations in April

eco/i2Coalition Update Webinar on ICANN Contracted Party GDPR Compliance

dotPR Addresses Remain Operational Despite Puerto Rico Island Wide Power Outage

Afilias to Support ICANN Community Response to the EU's GDPR

Radix's Premium Domains for 2017 Renew at 71%

ICA Statement on ADO.com UDRP Decision: Overreaching Panelists and Interference With Domain Market

Verisign Domain Name Industry Brief: Internet Grows to 332.4 Million Domain Registrations in Q4 2017

Startups on Radix Domains Rake in $436M in VC Funding

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