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Why Cancel a Domain Name in a UDRP Case?

While the most common results of a UDRP proceeding are either transfer of a disputed domain name to a complainant or denial (that is, allowing the respondent to retain it), there is another possible outcome: cancellation. I'm always surprised to see a UDRP decision in which a domain name is cancelled. True, many trademark owners don't really want to obtain control of a disputed domain name (and, instead, they simply want to get it taken away from a cybersquatter). more»

6th Registration Operations Workshop (ROW), Madrid, Friday May 12th 2017

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 6th ROW will be held in Madrid, on Friday May 12th 2017 in the afternoon, immediately after the GDD Industry Summit and prior to ICANN DNS Symposium and OARC 26, using the same venue as all above-mentioned events. more»

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more»

How Should I Present .Brand Domains in Advertising?

Do consumers still get confused when they see a URL without a .com (or other traditional extension)? Probably -- but I don't think anyone really knows the answer to that from a global perspective. What I do know, however, is that it's important for those of us in the new TLD industry to help our brand customers ensure that we're providing audiences with the best possible chance to identify new domains as legitimate web addresses. more»

CAICT Holds ICANN 58 China Internet Community Readout Session

In the afternoon of March 29, the CAICT held the ICANN 58 China Internet Community Readout Session in the CAICT together with the ICANN Beijing Engagement Center. Mr.Li Xiangning, Deputy Director General of Information and Communication Administration under the Ministry of Industry and Information Technology (MIIT), attended the event and gave a speech on the meeting. Over 60 representatives from related governmental agencies including the Office of the Central Leading Group for Cyberspace Affairs, the Ministry of Foreign Affairs and Beijing Communications Administration, domain name registries and registrars, industrial organizations, institutes and universities participated in the seminar. more»

How to Get a Domain Name Transferred Under the URS

The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more»

Kelly's Case Updated: A Need for Further DNS Registrar Industry (Self-)Regulation

After ten hectic days, the young Clemson civil engineer turned MBA entrepreneur -- who turned a passion for helping equestrians care for their horses into a website enterprise -- had the HorseDVM.com domain, and its IPR returned to HorseDVM LLC. Ultimately, however, it was the registrant who realized the registrar had wrongfully sold him the domain and the unfairness of what had occurred, who facilitated the return. The culpable registrar ultimately did nothing but unfailingly support its auction subsidiary's sale... more»

Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture

There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more»

Trademarks and Domain Names Composed of Common Terms

The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more»

A Case for Further DNS Registrar Industry Self-Regulation

In most industries, businesses that blatantly act against the interests of their customers to favor their own internal profit centers would either not be allowed or else subject to controls and oversight by the government. It is universally regarded as an unfair and deceptive business practice. In the domain name registrar business, however, the normal practices of legitimate business dealings and customer protection seem woefully wanting. Kelly's Case described here illustrates the point... more»

How Long Does a URS Case Take?

The Uniform Rapid Suspension System (URS) -- which allows a trademark owner to suspend certain domain names, especially those in the "new" gTLDs -- was designed as a quicker and less-expensive alternative to the Uniform Domain Name Dispute Resolution Policy (UDRP). As I've written frequently before, there are significant differences between the URS and the UDRP. One of those differences is how long a typical proceeding lasts. more»

Alliance for Safe Online Pharmacies Honors Leading Companies at ICANN

Last week the Alliance for Safe Online Pharmacies (ASOP Global; www.BuySafeRx.pharmacy) presented its inaugural Internet Pharmacy Safety E-Commerce Leadership Award to two organizations during the Generic Names Supporting Organization (GNSO) Joint Meeting of the Registries and Registrars Stakeholder Groups at ICANN58 in Copenhagen, Denmark, it was announced on Tuesday. more»

How Long Does a UDRP Case Take?

The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more»

Sanctionable Conduct for Abusing the UDRP Process

To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more»

ICANN Complaint System Easily Gamed

ICANN's WDPRS system has been defeated. The system is intended to remove or correct fraudulently registered domains, but it does not work anymore. Yesterday I submitted a memo to the leadership of the ICANN At-Large Advisory Committee (ALAC) and the greater At-Large community. The memo concerns the details of a 214-day saga of complaints about a single domain used for trafficking opioids. more»

News Briefs

Pirate Bay Founder and Other Internet Activists Launch Domain Privacy Service

New In-depth Analysis Finds Thousands of Domains Used in Technical Support Scams

U.S. Expresses Concerns Over China's Internet Regulatory Regime, In New Report

Owner of .Feedback in Breach of Registry Agreement, Rules ICANN

Verisign Given Approval to Restrict .COM and .NET Domains In Various Countries

ICANN Drifting Toward Online Content Regulation, Says Law Professor

SBI, One of India's Largest Banks, Switching Its Domain to Branded TLD, bank.sbi

Pakistan to Get Its Country TLD in Urdu

Thick Whois Policy for .COM Goes Live

CADNA Returns to Lobby for Stronger Cybersquatting Laws

New Technique Detects and Eliminates Abusive Domains at Time of Registration

.COM Registrations Continue to Rise, Unphased by New gTLDs, ICANN Study Reveals

Close to 7.9 Million Domain Names Registered in Q2 2016

AusRegistry Celebrates 30th Anniversary of .au

ICANN Publishes gTLD Statistics and Trends Report, Asks for Community Feedback

12 Million New Domains Registered in Frist Quarter 2016, Total Domains Reach 326.4 Million Worldwide

ICANN Says It Will Not Get Directly Involved With Infringing Domains

ICANN to Extend Verisign .COM Registry Contract for Another Six Years

Neustar Announces Intention to Separate Into Two Independent and Publicly Traded Companies

Sweden Makes its TLD Zone File Publicly Available

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