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Domain Names / Featured Blogs

In Support of ICANN’s New Trademark Protection Rules (Mostly)

Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more

ICANN IRT Report Open for Comment With Short Timeframe?

The Intellectual Property Constituency's draft report on trademark issues is now available for comment. The draft report was put together behind closed doors, which would appear to go against the normal policy development process at ICANN, which is quite worrying. Its contents, however, are even more disturbing... more

Domain Name Registries Must Do More to Protect Highly-Trafficked Domains

With the recent attacks against high-profile New Zealand domain names including Coca-Cola.co.nz and F-Secure.co.nz, fingers are naturally pointing to Domainz, the registrar of record for these domains, as the party responsible for this lapse in security. While domain name registrars certainly need to ensure the security and stability of their systems, domain name registries must also step up and take responsibility for mitigating risks posed by hackers... more

A Few More Thoughts on Email Authentication… errr… Trust

Mike Hammer's thoughtful article, A Few Thoughts on the Future of Email Authentication, should trigger thoughtfulness in the rest of us. Email abuse has been around a long time. Anti-abuse efforts have too. Yet global abuse traffic has grown into the 90+% range, with no hint of trending downward. The best we hear about current effectiveness is for last-hop filtering, if you have the money, staff and skills to apply to the problem... more

ICA to ICANN: The IRT Must Open Up Or Be Stripped of Official Status and Support

On April 21st the Internet Commerce Association submitted a formal request to Mr. Frank Fowlie, ICANN Ombudsman, requesting an immediate investigation of the non-compliance of the Implementation Recommendation Team (IRT) with applicable provisions of ICANN's Bylaws. The IRT was created by a March Resolution adopted by the ICANN Board during its Mexico City meeting, and was charged with proposing "solutions" to the concerns of trademark holders. Unfortunately, the IRT has chosen to operate in a non-transparent manner... more

New gTLD Comment Period Closes

Internet Corporation for Assigned Names and Numbers (ICANN) has been holding a public comment period on the second draft of the new generic Top-Level Domains (gTLD) handbook. This period was due to close yesterday. Prior to yesterday afternoon there was a healthy number of comments, but in the past 24 hours a significant number of new comments have been submitted... more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more

TLD Rights Protection Mechanisms

Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more

Comments on ICANN’s Studies on New Proposed TLDs

I outline some general critical comments on the recent commissioned reports for ICANN's proposed introduction of new top-level domain names (TLDs)... The reports cite seminal papers in economics, but the papers' applicability here is dubious. For example, for economists a "good" is a product intended for consumption, which is a different sort of animal than a financial investment. more

ICANN’s Economic Reports: Finding the Missing Pieces to the Puzzle

The ICANN community has been especially concerned about the economic reports used by ICANN to justify its decisions as to whether, and how, to implement applications for new gTLDs. Among the greatest sources of concern has been the failure of ICANN staff to issue a complete public response to the ICANN Board's October 2006 demand that ICANN Staff commission economic studies about gTLDs... more