Domain Names

Domain Names / Featured Blogs

Corresponding to Trademarks, But Nonactionable Claims for Cybersquatting

The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more»

8 Facts About 3-Member Panels in UDRP Cases

Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) can be heard by either a one- or three-member panel. Here are eight important facts that every complainant (trademark owner) and respondent (domain name registrant) should consider when deciding whether to select one or three members... Either party - complainant or respondent - has an opportunity to select a three-member panel... more»

How Did We Get Here? A Look Back at the History of IANA

October 2016 marks a milestone in the story of the Internet. At the start of the month, the United States Government let its residual oversight arrangements with ICANN over the operation of the IANA lapse. No single government now has a unique relationship with the governance of the protocol elements of the Internet, and it is now in the hands of a community of interested parties in a so-called Multi-Stakeholder framework. This is a unique step for the Internet and not without its attendant risks. How did we get here? more»

Understanding 'Reverse Domain Name Hijacking' Under the UDRP

"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP)... While neither the UDRP nor the Rules provide any further details or guidance, the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, provides some insight into the circumstances in which panels have found RDNH. more»

The Importance of Protecting Credibility: Claiming and Rebutting Cybersquatting

The Uniform Domain Name Dispute Resolution Policy (UDRP) is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings if they "determine[ ] ... and as an exceptional matter, that such a hearing is necessary for deciding the complaint" no in-person hearing has ever been held. Rule 13 exists to be ignored. more»

Another Free Registry Software Option

Google has recently announced the release of Nomulus, its free, open source registry software, triggering discussion of its impact on the industry. Afilias has over 15 years of experience in registry operations, and offers the following initial thoughts... First, free registry software is not new.CoCCA has offered this option for years, and TLDs such as .CX (Christmas Island) and .KI (Kiribati) use it. It is supported on a "best efforts" basis and appears to meet the limited needs of a few small operators. more»

.US Hosts its Annual Town Hall Meeting

Neustar, a leading provider of registry services, is hosting a Town Hall meeting this month for the United States' country code Top-Level Domain, .US. Neustar introduced the .US Town Hall last year to reflect our commitment -- and the Commerce Department commitment to the bottom-up, multistakeholder model of DNS management. The public forum is an important part of ensuring that .US continues to be a vibrant namespace that reflects America's diversity, creativity, and innovative spirit. more»

Supplementing the Record in UDRP Proceedings; When Acceptable?

The Uniform Domain Name Dispute Resolution Policy (UDRP) limits parties' submissions to complaints and responses; accepting "further statements or documents" is discretionary with the Panel (Rule 12, Procedural Orders), although the Forum (in Supplemental Rule 7) but not WIPO provides for supplementing the record with the proviso that "[a]dditional submissions must not amend the Complaint or Response." For some panelists, Rule 7 contradicts the Policy. more»

When 'Confusing Similarity' in UDRP Cases Gets Confusing

The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or service mark in which the complainant has rights." It's unusual for a complainant to fail on this first of three prongs, but one recent case demonstrates just how uncertain the UDRP can be sometimes. more»

Google Launches Corporate Blog 'The Keyword' on .Google Domain

As momentum builds in the world of .brands, there are some major players we as an industry have been watching closely for an indication of how their branded TLDs will become part of their digital strategies. .brand websites like these from high-profile tech leaders and influencers can be the best publicity for brand TLDs as a whole; as their involvement and buy-in acts as a significant endorsement of the .brand movement. more»