What to Expect at ICANN 59, Johannesburg

I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more»

How to Dispute a Third-Level 'Country-Code' .com Domain Name (Such as nike.eu.com)

Shortly after I recently wrote about WIPO's new role as a domain name dispute provider for the .eu ccTLD, the Forum published its first decision on another type of "eu" domain name: eu.com. The decision involved the domain name nike.eu.com. What makes this case interesting is that it represents one of the few .com domain name disputes that includes a country-code in the second-level portion of the domain name. more»

New Standard for Reverse Domain Name Hijacking

Uniform Domain-Name Dispute-Resolution Policy (UDRP) Rule 1 defines Reverse Domain Name Hijacking (RDNH) as "using the Policy in bad faith to attempt to deprive a registered domain name holder of a domain name"... There has been a mixed history in granting and denying this remedy for overreaching rights. Some Panels consider RDNH regardless whether it has been requested (even if respondent defaults in responding to the complaint); others will only consider the issue if requested. more»

Trademark Owner Loses Two Domain Name Disputes - On Same Domain Name

I've said many times that winning a domain name dispute under the Uniform Rapid Suspension System (URS) is much more challenging than under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, that doesn't mean trademark owners should take the UDRP for granted. One complainant learned that lesson an especially hard way -- first by losing a URS determination and then by losing a UDRP decision on the same domain name. more»

Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more»

Charting the Balance between Trademark Owners and Domain Name Holders: A Jurisprudential Overview

Efforts to combat cybersquatting began in earnest in 1998 when the World Intellectual Property Organization (WIPO) (at the request of the United States Government supported by all member states) began an extensive process of international consultations "to address cross-border trademark-abusive domain name registrations." ... The extensive process concluded in the Spring of 1999 with WIPO publishing a detailed report... more»

Email Marketer's Dilemma: Disappearing Domains

On May 31, British broadband provider EE discontinued service for a number of email domains: Orange.net, Orangehome.co.uk, Wanadoo.co.uk, Freeserve.co.uk, Fsbusiness.co.uk, Fslife.co.uk, Fsmail.net, Fsworld.co.uk, and Fsnet.co.uk. These domains were acquired by EE as part of multiple mergers and acquisitions. On their help page, EE explains that the proliferation of free email services with advanced functionality has led to a decrease in email usage at these domains. more»

Does ICANN's UDRP Preserve Free Speech and Allow Room for Criticism?

The phenomenal growth of the Internet has resulted in a proliferation of domain names. The explosion of '.com' registrations coincided with an increase in domain name disputes, and with it the legal branch of intellectual property devolved into virtual mayhem. ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) was created... The UDRP was brought into force in October 1999, and it can be said that it has contributed handily to the resolution of domain name disputes. However, deeper investigation into the UDRP paints a different picture. more»

Breaking the Mold: Reclassifying Over a Billion .XYZ Domains for Alternative Uses

Three years ago, my team and I launched .xyz with the mission of bringing competition, choice, and innovation on the internet. .xyz was probably the only domain extension that had no built-in meaning, included very few domains priced at a premium, and relied on low margins and high volume. We brought with it the message that .xyz was for every website, everywhere. And instead of targeting one vertical, we connected with the next generation of internet users... more»

These Countries Have Adopted the UDRP

The Uniform Domain Name Dispute Resolution Policy (UDRP) is certainly the most frequently used tool to combat cybersquatting -- but, it is not always an option. Many countries have adopted their own domain name dispute policies -- or none at all -- in lieu of the UDRP. For example, domain names in the United Kingdom's .uk country-code top-level domain (ccTLD) are subject to Nominet's Domain Dispute Resolution Service, which applies a different test... more»