Domain Names

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A Year Later: Insights from dotSucks

This week marks the first birthday of the general availability of dotSucks domain names. It has been a year notable for both heat and light, adding up to a set of insights relevant for any new gTLD... Be clear about who you serve and use their vocabulary (not domain name industry jargon) to tell them about it. Engage in marketing... Emotional resonance is more effective than even overwhelming facts-and-figures. The right story helps people see themselves in you. more»

No Time Bar for Cybersquatting Claims Under UDRP

Headline in TheDomains.com, June 18, 2016: "Wow: 20 Year Old Domain Name WorldTradeCenter.com Lost in UDRP." For those who don't follow UDRP decisions carefully this may elicit, how can this be? Well, surprised or not, and assuming complainant has priority in the string of characters that is both a domain name and a trademark... delay is not a factor in prevailing on cybersquatting claims when there is an alignment of other factors... more»

Brexit Could Impact EU Domain Registrants

The current policies for .eu domain name registration restrict registration to organisations, businesses and individuals that meet certain criteria. In order to get a .eu domain name you need to be resident within the EU, Norway, Iceland or Liechtenstein. This is laid out in the current policy... Post-Brexit it is unclear whether UK registrants will still qualify to hold their .eu domains. more»

The Popularity of .co (not .com) Domain Name Disputes

One of the most popular top-level domains under the Uniform Domain Name Dispute Resolution Policy (UDRP) is not even a gTLD (generic top-level domain). It's a ccTLD: .co, the country-code top-level domain for Colombia, in South America. Based on statistics at WIPO as of this writing, 29 .co domain names have been the subject of UDRP disputes this year, making it the most-disputed ccTLD under the popular domain name dispute policy. more»

Statutory Remedies for UDRP Grievants

The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award, namely an action for declaratory judgement under the Anticybersquatting Consumer Protection Act (ACPA). The action is not an appeal, but a de novo assessment of the parties' rights, either that the domain name holder is cybersquatting or its registration was lawful. Under U.S. law UDRP awards are not treated as arbitration awards subject to the Federal Arbitration Act but as new disputes. more»

The DotBible Litmus Test for Domain Name Dispute Panelists

A dispute policy for the new '.bible' top-level domain name requires panelists who agree to hear cases to affirm that they "enthusiastically support the mission of American Bible Society" and that they "believe that the Bible is the Word of God which brings salvation through Christ." The DotBible Community Dispute Resolution Policy appears to be the first domain name dispute policy that requires panelists to take a religious oath - or, for that matter, an oath other than anything related to maintaining neutrality. more»

7 Key Questions to Ask When Choosing a Domain Name Extension

In the last three years, almost 1,000 new generic top-level domains (new gTLDs) have entered the market, increasing the previous 22 options for generic domain name extensions, like .com, .net and .org, by almost 5,000 percent. While expanded choice can be good for consumers, small businesses and website owners may be overwhelmed by the many different options and have a lot of questions about which domain extension is right for them or their brand. Recently I spoke with editors at WIRED about what their readers should ask themselves when determining how to choose the right domain name and it came down to the following seven key questions. more»

Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more»

Do You Know Who Your Domain Name Registrar Is?

A guy I know passed along this e-mail sent to one of his customers. They assumed it was a phish, since they didn't recognize the domain name in the link, but couldn't figure out what the goal of the phish was. They even checked the list of ICANN registrars, and nope, registrar.eu wasn't on the list. Nonetheless, this mail was real, and if the recipient had ignored it, his domain would have been suspended. What's going on? more»

The 5 key Benefits of a Branded Top Level Domain - According to the Brands Themselves

In early 2012, in order to promote Choice, Competition and Innovation, ICANN opened its doors to allow organizations to apply for new Top Level Domains. In spite of a complex and costly application process, ICANN received a very large number of applications: In total, 1,930 applications were received, of which 675 were brands applying for a closed new gTLD, a dot brand. more»

Declaring and Declining to Find Reverse Domain Name Hijacking

What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more»

Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark - instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement if the brands are registered with the Trademark Mark Clearing House, but notices do not function as injunctions to block registrants from registering infringing names. more»

Using the URS as a Preliminary Injunction for Domain Name Disputes

As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more»

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names' histories. While it doesn't compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). How it's used (and why the Wayback Machine should be in a party's toolkit) for supporting and opposing claims of cybersquatting is illuminated in a number of recent UDRP cases. more»

Canon Takes Its .brand to the World, Moves Its Global Site to .CANON

As the .brand movement continues to gain momentum across the globe, this week's announcement of yet another high-profile .brand launch was fantastic news for the industry. Japanese powerhouse Canon publicly announced the transition of its global homepage from www.canon.com to www.global.canon and even created a simple, yet powerful image to highlight the innovative move. more»

News Briefs

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

PirateBay Domains to Be Handed over to the State, Swedish Court Rules

China's Draft Rule Targets Domain Name Supervision, Could Limit Access to Foreign Sites

WIPO Reports Rise in Cybersquatting Cases, Triggered by New gTLDs

TLD Operators Should Not Police Content, Says EFF

Facebook-owned Instagram Wants Domain Deal Upheld

Close to 3.1 Million Domain Names Registered in the Third Quarter of 2015

Sony Uses Brand TLD '.sony' for Bond Game Site

Harm Caused by Typosquatting Is Still Modest, Research Suggests

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

Megaupload Domains Seized by FBI Now Link to Scam Ads and Malware Due to Renewal Failure

FTC Puts Burden Back on ICANN Concerning .Sucks Dilemma

China's New Law Could Severely Damper Domain Name Registrations

2017, Year of Consolidation for Domain Name Market, AFNIC Study Suggests

Placing New Domain Names in Temporary "Penalty Box" Could Deter Malicious Use, Says Paul Vixie

A Look at the Current State of ccTLDs, Particularly in Europe

ICANN Asks U.S. Federal Trade Commission Whether .SUCK is Violating Any Laws

M3AAWG Releases Anti-Abuse Best Common Practices for Hosting and Cloud Service Providers

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