A Look at New gTLDs Numbers… We're Doing Good

Like it or not, new gTLDs are here and they're here to stay. If it is still common to read that the ICANN new gTLD program was a failure and few users are using new domain names, numbers show the opposite. I recently read very rude critics addressed to new gTLD applicants but surprisingly, critics often come from ".com" investors and my understanding of this is that new domain names lower their margins ...since the domain name offer is now larger. more»

A Record Year for Domain Name Disputes?

With just a little more than three months left in 2016, the number of domain name disputes filed at the World Intellectual Property Organization (WIPO) appears to be headed for a record year. According to public data published on the WIPO website, the current number of domain name disputes filed this year (as of this writing, September 27, 2016) is 2,228 - which would indicate that the total might reach 3,011 cases by December 31. more»

SEO and New dot Brand gTLDs

According to a recent study carried out by Custora in the USA, search engines -- paid and organic -- represent close to 50% of e-commerce orders, compared to 20% for direct entry. A dot brand domain has the potential to boost direct entry, as it can be more memorable than traditional domains. Can dot brand domains also be part of a consistent search engine strategy? more»

Filing Cybersquatting Complaints With No Actionable Claims

I noted in last week's essay three kinds of cybersquatting complaints typically filed under ICANN'S Uniform Domain Name Dispute Resolution Policy (UDRP). The third (utterly meritless) kind are also filed in federal court under the Anticybersquatting Consumer Protection Act (ACPA). While sanctions for reverse domain name hijacking are available in both regimes, the UDRP's is toothless and the ACPA's a potent remedy. more»

Benefits and Challenges of Multiple Domain Names in a Single UDRP Complaint

How many domain names can be included in a single complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP)? Neither the UDRP policy nor its corresponding rules directly address this issue, although the rules state that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder." more»

Domain Name Association Supports IANA Transition, Petitions Congress to Move Forward

I recently sent a letter to congressional leaders including Speaker of the House Paul Ryan; House Minority Leader Nancy Pelosi; Senate Majority Leader Mitch McConnell and Senate Minority Leader Harry Reid expressing the Domain Name Association's support of the U.S. Administration's planned transition of the Internet Assigned Numbers Authority (IANA) to the global multi-stakeholder community under the stewardship of the Internet Corporation for Assigned Names and Numbers (ICANN). more»

Refutation of the Worst IANA Transition FUD

Of all the patently false and ridiculous articles written this month about the obscure IANA transition which has become an issue of leverage in the partisan debate over funding the USG via a Continuing Resolution, this nonsense by Theresa Payton is the most egregiously false and outlandish. As such, it demands a critical, nearly line by line response. more»

Three Kinds of UDRP Disputes and Their Outcomes

There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new TLD extensions ( and ; sometimes typosquatting ( and ); other times registering dominant terms of trademarks plus a qualifier ( and ). more»

What We Can Learn from URS Decisions (Hint: Not Much)

In addition to being rarely invoked, the Uniform Rapid Suspension System (URS), when utilized, is providing trademark owners and domain name registrants with little guidance about this domain name dispute policy. URS determinations typically offer no insight into the reasons behind an expert's decision, regardless of whether the determination was in favor of the trademark owner (to temporarily suspend the disputed domain name) or the domain name registrant (to allow the registrant to retain the domain name without interruption). more»

UDRP Complaints: Getting it Right the First Time; Second Chance With New Facts

UDRP complainants are expected to get it right the first time, and if they don't there's a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not preclude the possibility of one being accepted on evidence of new facts. In Haru Holding Corporation v. Michael Gleissner / NextEngine Ventures LLC the Panel concluded that the time between registration of the domain name and the filing of the complaint was too short for bad faith use... more»