Domain Names

Domain Names / Featured Blogs

Quintessential and Other Acts of Bad Faith in Acquiring Domain Names

There are two essential differences between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA), one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have trademark rights when they file their complaints... more»

ICANN Fails Consumers (Again)

In its bid to be free of U.S. government oversight ICANN is leaning on the global multistakeholder community as proof positive that its policy-making comes from the ground up. ICANN's recent response to three U.S. senators invokes the input of "end users from all over the world" as a way of explaining how the organization is driven. Regardless of the invocation of the end user (and it must be instinct) ICANN cannot seem to help reaching back and slapping that end user across the face. more»

The New Marketing Vanguard: Domain Extensions (nTLDs)

Back in 2014, hundreds of new Top Level Domains (nTLDs) rolled out into availability. This means that the .com, .gov, and .org extensions that are typically used for business domains were joined by a multitude of other, more specialized extensions such as .attorney, .cars, and .recipes. As a channel partner, it's crucial to know how these new units will influence your presence online. more»

Split UDRP Decisions on (Almost) Identical Domain Names

A company called Rocketgate PR LLC, which owns a U.S. registration for the trademark ROCKETPAY, filed two UDRP complaints on the same date against two different domain name registrants - for the domain names and . (The only difference is that the latter domain name is plural.) In both cases, the disputed domain names were associated with inactive websites. The UDRP cases were assigned to two different panelists, who issued their decisions one day apart. more»

No Barrier to Reading Across the Dot with New TLDs and Trademark Infringements

Even before the introduction of new top level domains in 2014, Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the characters of the accused domain names with the characters of trademarks for identity or confusing similarity. But this did not exclude the possibility of reading across the dot. more»

Usage Trumps Registrations: Why Past TLDs Failed and Why Many Will Follow in Their Path

First of all I am biased. I am a common sense thinker who tries to analyze risk and reward based on societal trends and conventional wisdom. Watching the new gTLDs (generic Top Level Domains) launch over the last 2 years reminds me of the circus we are now seeing in the U.S. election. Myself, a self-proclaimed libertarian, can now be labeled as the establishment, while the so called "outsiders" act and behave like they are not politicians yet seem to be masters of messaging and propaganda. more»

U.S. Congressional Trademark Caucus Haggles Over Price

It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level internet domain names, is still, it seems, a draw. With nearly two years' experience and statistical evidence of far fewer problems at far lower costs to brand owners than opponents of the program said would occur, it might be expected that the tone would cool. But the price of peace, I guess, remains eternal vigilance. more»

One We've Been Waiting For: Google Switches TLD Registrar to .Google Domain Name

If you've read my posts before you'll be well aware that as a strong advocate for .brands and the power they have to revolutionise digital marketing effectiveness, I am always eager to share some love with organisations that have taken the leap and launched their .brand TLDs. In recent months we've seen diverse and exciting examples from BMW, the Australian Football League and CERN - just to name a notable few. I have the privilege of advising some of the world's largest companies on their .brand strategy, but one recurring question I hear is "When will we see .google and how will they use it?" more»

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more»

Why Overseas Registries Shouldn't Worry About China's New Domain Name Regulation

On March 25th, 2016, the Ministry of Industry and Information Technology (MIIT) officially posted its revisions to the "Chinese Measures for the Administration of Domain Names" (2016 edition) for public comment. A decade has gone by since the latest administration measures were introduced in 2004 (2004 edition). Registries and registrars have been longing to see this update for a while, and it is therefore no surprise that the new edition has drawn substantial attention at home and abroad. more»