Domain Names

Domain Names as Property Subject to Creditor Claims - Bosh v. Zavala

Most people take it for granted that domain names are property. As such, there shouldn't be much dispute that domain names are subject to the claims of judgment creditors. But I've seen enough resistance to this position that I thought a recent case was worth a quick mention. more

Ten Years of UDRP

In 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) developed a policy to resolve disputes between trademark owners and registrants of domain names. This policy, the Uniform Domain-Name Dispute Resolution Policy (UDRP) was made available for disputes concerning an alleged abusive registration of a domain name. In the past 10 years alone, more than 16,000 disputes have been filed resulting in more than 10,000 domain name transfers. more

Rod Beckstrom’s First 100 Days at ICANN

Rod Beckstrom took over as ICANN President/CEO on July 1, 2009, so October 9th marked his 100th day in office -- and a good opportunity to examine the progress made by ICANN during his short tenure. ...to borrow an analogy from American football: when you have the ball in the Red Zone, you need to score touchdowns, not field goals. So far, under Rod's leadership, ICANN has moved down the field on a number of issues. In particular, ICANN scored a "touchdown heard round the world" by bringing the MoU/JPA to a successful conclusion. more

VeriSign Supports New gTLDs with Appropriate Safeguards

The introduction of new Internet domains to the global marketplace has the potential to dramatically grow the domain name marketplace, increasing the value of domain names, driving new demand for registry services and opening new markets for registrars and registries alike. Because VeriSign operates .com -- the legacy generic top-level domain (gTLD) -- many in the Internet community have assumed that we would oppose the introduction of new gTLDs. The truth is quite the opposite. more

Post Delegation Dispute: A Once Supportable Concept Proposed by the IRT is Now Unsupportable

This comment is being presented in my personal capacity and does not represent the views of my employer (Neustar, Inc.) and its subsidiaries or affiliates, or the Implementation Recommendations Team. Ok. I admit it. I supported the concept of a post delegation dispute resolution process for generic Top-Level Domains (gTLD) Registries. I served as the only gTLD registry member of the Implementation Recommendation Team (IRT) appointed by the Intellectual Property Constituency of the Generic Names Supporting Organization of ICANN. I was one of the authors of the IRT Recommendation in favor of a Post Delegation Dispute Resolution Procedure. more

Risk of Portfolio Approach to Cybersquatting

A secret weapon is falling into dangerous hands. Organized cybercriminals are building up portfolios of cybersquatting domain names. A smart operator with such a portfolio can go beyond simple stealing and competing full out for traffic and revenues. Rightful brand owners, feeling the squeeze, will find out too late that the bandits have the money to fight legal action. The time to act is now, before pieces of the playing field have been bought up by the enemy. more

DOC to ICANN: Time to End Double-Weighted Voting of Registries and Registrars

The US Department of Commerce and ICANN announced today an Affirmation of Commitments. One of the important elements of that document was in section 4, namely that "ICANN and DOC recognize that there is a group of participants that engage in ICANN's processes to a greater extent than Internet users generally." more

Registry-Registrar Cross Ownership: Framing the Issues

There has been much said and written recently about the issue of registry-registrar cross ownership with regard to New Top Level Domains ("New TLDs"). It is clear that there appears to be a fair amount of confusion about the issue and the positions espoused by various parties. To assist the ICANN community in understanding the issue -- the points of agreement and debate -- I offer the following overview on behalf of Network Solutions and Central Registry Solutions... more

Why Distinguish Between Defensive and Offensive Domain Names?

Offensive domain-name registrations require strategic corporate decisions. Second, they require different strategic and tactical remedies when third parties register desired names. Thus, different organizational approaches are necessary to manage domain name risks and rewards. The essay identifies the strategic differences and remedies for the two types of domain names, and outlines the implications for internal work-flow organizational structures. more

In Congress, A Confusing Argument Against New TLDs

In a recent post to CircleID entitled New Domains and ICANN Accountability, Steve DelBianco paints himself as "frustrated" that ICANN didn't take a different path toward new Top-Level Domains (TLDs). Mr. DelBianco was one of four witnesses at a hearing before the House Judiciary Committee's Subcommittee on Courts and Competition on September 23, 2009. He is a creative advocate for his clients, an engaging speaker, and a skillful writer, and he produced a synopsis of the hearing which sounded convincing -- until I tried to make sense of it. more