Proving and Protecting Rights to Domain Names

At their best, UDRP panelists are educators. They inform us about the ways in which parties win or lose on their claims and defenses. What to do and not do. In addressing this issue, I'm referring to less than 10% of cybersquatting disputes. For 90% or more of filed complaints, respondents have no defensible answer and generally don't even bother to respond. But within the 10%, there are serious disputes of contested rights (contested even where respondent has defaulted). more»

The Internet is Dead - Long Live the Internet

Back in the early 2000s, several notable Internet researchers were predicting the death of the Internet. Based on the narrative, the Internet infrastructure had not been designed for the scale that was being projected at the time, supposedly leading to fatal security and scalability issues. Yet somehow the Internet industry has always found a way to dodge the bullet at the very last minute. more»

Is a New Set of Governance Mechanism Necessary for the New gTLDs?

In order to be able to reply to the question of whether a new set of governance mechanisms are necessary to regulate the new Global Top Level Domains (gTLDs), one should first consider how efficiently the current Uniform Domain-Name Dispute-Resolution Policy (UDRP) from the Internet Corporation for Assigned Names and Numbers (ICANN) has performed and then move to the evaluation of the Implementations Recommendations Team (ITR) recommendations. more»

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. more»

When a Domain Name Dispute is 'Plan B'

While having a backup plan is usually a good idea, it's often not an effective way to obtain someone else's domain name - at least not when Plan B consists of a company filing a UDRP complaint with the hope of getting a domain name to which it is not entitled and could not acquire via a negotiated purchase. "Plan B" as a derogatory way of describing an attempted domain name acquisition usually arises in the context of a domain name that is not protected by exclusive (or any) trademark rights, or where the complainant clearly could not prevail in a UDRP proceeding. more»

Slovaks Worry About the Future of Their Country's .SK TLD

Almost every country code Top-Level Domain (ccTLD) has had some kind of rough and clumsy start at its sunrise. Internet was young, everything was new, and whoever took the national TLD first, got power over it. The situation eventually sorted out, and now most ccTLDs are drama free, well-operated for the benefit of people and the Internet communities in those countries. Unfortunately, not in Slovakia. more»

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more»

Some Whois Lookup Services Might be Broken

There are thousands of sites and services on the 'net that offer domain name whois lookup services. As of last night, many of them may have stopped working. Why? Many of them rely on fairly rudimentary software that parses the whois from Verisign (for .com and .net) and then relays the query to the registrar whois. The site or service then displays the whois output from the registrar's whois server to you. more»

Trademark Registrations on the 'Supplemental Register' Don't Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more»

How Much Should Startups Budget for a Decent Domain Name?

Bill Sweetman from NameNinja has released a handy little guide to domain name pricing for startups. While the guide is aimed at businesses starting out, the information around domain name pricing is applicable to anyone who wants to either "upgrade" their online brand or launch a new one. The guide focusses primarily on .com domain names, but also mentions both ccTLDs, alternative domains and new gTLDs. more»