Are Domain Names Recession Proof?

We'll only be able to tell whether domain names are recession proof by waiting for the performance of e-commerce sites during the holiday shopping season. Domain name owners and buyers have to remain in suspense a while longer. Some domainers are experiencing drops in sales and prices. However, it is not clear whether those drops are because of changes in valuations by buyers, sellers, or both. more»

Kentucky vs. 141 Domain Names

Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... more»

Cluck, Cluck… ICANN and Contract Compliance Enforcement

I've always been a fan of co-ops. In New York, we shop at greenstar.coop and my wife banks at alternatives.coop, in the UK we shop at co-operative.coop. So when the .COOP domain opened, I wondered if I could get my own clever domain name, but found that chicken.coop was taken by a small producer co-op in the southern U.S. Drat. more»

How Can ICANN Improve Institutional Confidence?

This week ICANN held a public consultation in Washington, D.C., where ICANN's President's Strategy Committee (PSC) solicited remarks from a packed audience of intellectual property (IP) lawyers, domain name registrars and other Internet stakeholders on how the organization can improve institutional confidence. No surprise, ICANN's decision to add new generic top-level domains (gTLDs) to the Internet was on many participants' minds. more»

ICANN Slaps Joker.com and DNS.com.cn

If you have rules and regulations but don't enforce them then there's little point in having any rules or regulations in the first place. One of the criticisms that is often leveled at ICANN is with regard to compliance issues. There are a number of areas where ICANN accredited registrars may be flounting the rules, but if nobody does anything about it then none of the registrars will have any incentive to actually comply. more»

Delayed Enforcement Blocks Domain Name Lawsuit: Southern Grouts v. 3M

I'm often baffled by lawsuits over domain names and keywords because they just don't seem to make any economic sense. This lawsuit is especially perplexing given the plaintiff's delays and the seeming impossibility of the plaintiff reaching a profitable outcome, even if it won in court. What was the plaintiff thinking? more»

Who Should Bear Domain Name Risk?

Domain owners are bearing tremendous risk that someone else is better equipped to absorb. In this post, I outline the motivation of risk ownership, the sources of risk associated with owning a domain name, and the ways by which some of these risks have been transferred to institutions that are better equipped to handle them. I close by pointing out that we would be better served by having a trademark risk-management entity. more»

Time to Redelegate IE Namespace?

I've written extensively about Ireland's country code Top-Level Domain (ccTLD) '.ie' and its current registry operator IE Domain Registry (IEDR) in the past. While I've always tried to be fair and balanced in my coverage of the issues facing the IE namespace, I'm afraid my patience with the current registry operator has worn thin. While things may have improved over the course of the last few years, it is becoming abundantly clear that the current registry operator is probably not the best organisation to manage the ccTLD in the future. more»

Kentucky Governor: All Your Gambling Sites Belong to Us

According to news reports, the governor of Kentucky has filed a suit in state court to seize 141 gambling domain names. His claimed authority is a 1974 law against "gambling devices", on the theory that a domain is a "device", and online gambling is taking money away from in-state horse racing and the lottery. The judge sensibly has said that he doesn't understand all the issues, and has given all sides a week to submit briefs. more»

Japan Domain Market Demystified

Ever sat at one of the VeriSign "State of the domain" meetings at any of the ICANN meetings? Or read their reports about countries with the greatest opportunity in domains? Almost without question you will learn that Japan is earmarked as the country with the greatest opportunity for growth in the domain market. They take into consideration important factors such as GDP of a country, internet population, and current domain registration levels... more»