Domain Names

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

Drawing Inferences from the Record: UDRP/URS Decision-Making

The weighing of evidence involves the connecting of dots, which involves drawing inferences. However, just as there can be false positives, there can be false inferences. The tendency may be to think of inferences as coming in one size, but not all inferences are logically correct. Some are weak and others strong. The reason for talking about both kinds is that so much depends on the quality of their making. more

Nominations Now Open for Public Interest Registry (Operator of .ORG) Board of Directors

Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Monday, February 4, 2019, at 15:00 UTC. There are three positions opening on the PIR Board. Directors will serve a 3-year term that begins mid-year 2019 and expires mid-year 2022. more

Initial Report on ICANN's EPDP for gTLD Registration Data: Forward Progress Yet Much Work Remains

Here in the United States, we recently celebrated Thanksgiving and with that, we now enter the last weeks of 2018. I've spent much of this past year involved in ICANN's Expedited Policy Development Process (EPDP) for gTLD Registration Data and I'm happy to say our group has reached a historic milestone. Just last week, the group published its initial report for public comment. more

Abusive Conduct: Domain Name Registrants and Rights Holders

Abusive conduct or cybersquatting is the essence of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), usually by domain name registrants violating their warranties of registration but also (in appreciable numbers) by trademark holders overreaching their statutory rights. The UDRP remedies are asynchronous: there is forfeiture of offending domain names; for abusive use of the process there is reverse domain name hijacking (RDNH), essentially a shaming remedy that substitutes for a monetary penalty. more

DOHA and ZIPPO Make Forty Five

Forty five what? Forty five abandoned top-level domains. On November 7, ICANN received a notice from the Communication Regulatory Authority of the State of Qatar that they are terminating the registration agreement for .DOHA. Two weeks before that, the Zadco company terminated .ZIPPO. In addition to the $180,000 application fee, applicants had to hire consultants, make arrangements with back-end operators, go through the certification process to get their TLD online. more

Verisign's Attempt to Increase its Fees Still Unjustified Despite Diversionary Tactic

Shortly after the National Telecommunications and Information Administration (NTIA)'s recent announcement allowing Verisign to pursue increased .com registry fees, Verisign published a blog post questioning the business practices of registrars and domain name investors. The ICA, on behalf of its registrar and domain name investor members, had previously spoken out against a .com fee increase, as did others in the domain industry. more

The .BEST Acquisition: 3 Months After

The .BEST new gTLD Registry was acquired 3 months ago by Cyril Fremont, a French Entrepreneur from Paris, and a team of investors. I took the time to meet with Cyril in the latest ICANN63 meeting in Barcelona to ask him a few questions about his future new gTLD project, three months after it was acquired from the previous owner... .best has just released the MVP (Minimum Viable Product) of the social network. The ".best" social network will be officially present at the next Namescon... more

How Much Could Businesses and Consumers Save if .com Price Cap Benefits Were Passed On to Consumers?

Recently, a blogger whose website features posts and ads from domain speculators wondered what the cost of registering a .com domain name would be if somebody else ran the .com registry. But this blog post asks the more relevant question: "How much could businesses and consumers save if the benefit of .com price caps were passed along to consumers?" Now is a good time to focus on this question, since Verisign and the US Department of Commerce just amended their Cooperative Agreement to allow limited, regulated .com price increases. more

Amid Shutdown, Gab.com Claims Free Speech Infringement While Many Others View Them as Hate Site

The controversial site gab.com has been shut down by GoDaddy and given 2 days to move the domain elsewhere. The deadline expires at midnight tonight Irish time. In recent days the site has seen itself become increasingly disconnected as various service providers and online platforms including PayPal have shut the door to them. At present the site is displaying this notice... more

Law Enforcement Agencies Will Have Authority on Registries and Registrars

Accessing Whois information and acting on a litigious domain name is becoming a nightmare for law enforcement agencies. Law enforcement agencies must have an access to the information provided by registrants in the Whois database and, in specific cases, have authority to act FAST on a domain name. The EU has a solution for this and it's coming in 2020. more

DK Hostmaster Wins Award for Transparency and Trust Online

The nonprofit Alliance for Safe Online Pharmacies (ASOP Global) presented its annual Internet Pharmacy Safety E-Commerce Leadership Award to .DK Hostmaster at the 2018 ICANN63 today in Barcelona, Spain. The domain name administrator for Denmark, DK Hostmaster, was selected for the award based on their commitment to ensuring citizen safety by maintaining transparent WHOIS data, proactively enforcing identity accuracy policies to increase consumer trust and safety online. more

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

Enough With Blacklisting Online Pharmacies, Isn’t It Time to Consider White Lists?

Before I go back to the beginning, let me make clear that what follows are my personal observations vis-a-vis how National Association of Boards of Pharmacy (NABP) is managing the .Pharmacy Registry relative to personal experience as founder, President and CEO of Tralliance Corporation, the original manager of the .Travel Registry. My analysis may be a little long, but I promise that if you stay with me, you will be enlightened. more

Despite Voice and AI Hype: the Domain Name Remains Crucial in Marketing

In the early days of the internet, companies only needed a simple web presence to be among the pioneers of digitization. Playfully animated hover buttons and electronically-synthesized background music were commonly accepted standards. To appear on a search engine, webmasters simply had to submit the URL of their website. more