Domain Names

Domain Names / Featured Blogs

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more»

One Week Left for the Upcoming Brands and Domains Conference

There is only less than one week left for the second edition of the Brands and Domains conference to take place in The Hague, Netherlands, at the Amrath Kurhaus. The domaining conference will be held during the 2nd and 3rd of October, 'the place to be' for all those whose companies are interested in developing the so-called dotBrands. More than 500 companies have already requested their dotBrand domain, and many of them are already using it, but it is 'together' how we can move forward... more»

The Role of Domain Name Privacy and Proxy Services in URS Disputes

Here's another apparent limitation of the Uniform Rapid Suspension System (URS), the domain name dispute policy that applies to the new generic top-level domains (gTLDS): Proceedings are unlikely to unmask cybersquatters hiding behind privacy or proxy services. Domain name registrants often use these privacy and proxy services to hide their identities when they register domain names. The services have legitimate uses but are controversial. more»

Abusive and Malicious Registrations of Domain Names

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more»

Amazon's Letter to ICANN Board: It's Time to Approve Our Applications for .AMAZON TLDs

When ICANN launched the new gTLD program five years ago, Amazon eagerly joined the process, applying for .AMAZON and its Chinese and Japanese translations, among many others. Our mission was -- and is -- simple and singular: We want to innovate on behalf of our customers through the DNS. ICANN evaluated our applications according to the community-developed Applicant Guidebook in 2012; they achieved perfect scores. more»

Lessons Learned from Harvey and Irma

One of the most intense natural disasters in American history occurred last week...You may wish to donate or get involved with hurricane Harvey relief to help the afflicted. That's great, but as we all know, we should be wary of who we connect with online... The FTC warned last week that there are many active relief scams in progress and noted that there always seems to be a spike in registration of bogus domains. more»

Fighting Phishing with Domain Name Disputes

I opened an email from GoDaddy over the weekend on my phone. Or so I initially thought. I had recently helped a client transfer a domain name to a GoDaddy account (to settle a domain name dispute), so the subject line of the email -- "Confirm this account" -- simply made me think that I needed to take another action to ensure everything was in working order. But quickly, my radar went off. more»

Making Sense of the Domain Name Market - and Its Future

With ever more TLDs, where does it make sense to focus resources? After four years and a quadrupling of internet extensions, what metrics continue to make sense in the domain name industry? Which should we discard? And how do you gain understanding of this expanded market? For registries, future success is dependent on grasping the changes that have already come. For registrars, it is increasingly important to identify winners and allocate resources accordingly. The question is: how? more»

Post-UDRP, ACPA Actions Challenging Awards

The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive remedy for cybersquatting, but it is by far the preferred forum. Direct actions in courts of competent jurisdiction, the Anticybersquatting Consumer Protection Act (ACPA) in the U.S. are minimal in comparison, and it is rare for respondents to remove disputes to a court of competent jurisdiction before a UDRP decision (paragraph 4(k) of the Policy). Less rare (but not copious) are post-UDRP challenges under the ACPA. more»

Beware of Extra Fees in UDRP Proceedings

The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected. There are generally two additional types of expenses that can arise during the course of a UDRP proceeding: (1) extra filing fees for certain aspects of a case filed at the Forum, and (2) an increased filing fee if the domain name registrant wants a three-member panel to decide the case. more»