Domain Names

In Rem Domain Name Proceeding: Sometimes “may” Means “must”

Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more

Macabre Result Avoided in Mortician Domain Name Case

If a court won't let you use your own name, you might feel like you're a mere ghost of your former self. That happened to Ed Kalis of Broward County, Florida. In a recent case, Florida's court of appeal considered whether a trial court's order against Kalis, enjoining him from using his own last name in various means of advertising and in the URL for his company's website, was proper. The appellate court held that the injunction was overkill. more

Why Don’t GAC Representatives Follow Their Own National Law?

A few weeks ago ICANN's domain name policy making organ (the GNSO) decided that the purpose of Whois was domain name coordination and not compulsory surveillance of domain name registrants. The US and Australian governments expressed their opposition. The US government's lack of concern for privacy is well known. But what about Australia? The Australian ICANN Governmental Advisory Committee (GAC) representative, Ashley Cross, tried to use his authority as "a government" to intimidate the GNSO, sending it a message announcing that "Australia" supports a broader definition of Whois purpose that gives ICANN a blank check... What does "Australia" really support, however? more

Help! This is Not an Emergency

I like the drift of the Pulver/Evslin proposal on emergency communications, and wish there was as vigorous a debate going on over here. I just hope we in the UK aren't jerked out of complacency by some major disaster -- although widespread use of pre-paid cellular means the problem of sunken landlines isn't as acute. Yet I can't help but wonder why the poor public has to wait for a disaster before they're given partial control over how their number maps to different destinations and services. Why can't I get a voicemail service from someone other than my connectivity provider? Why is ENUM hostage to the telcos, whose interest lies in ensuring that new services can only come from them? more

Interesting Facts About Domain Names

During a database testing, Dennis Forbes makes use of the .com zone file as data sample but he also stumbles upon some unexpected domain name discoveries which he has reported on his site. Dennis Forbes explains: "I recently had a need for a mid-sized amount of real-world data, which I required for testing purposes on low-end hardware (testing and demonstrating some of the new functionality of SQL Server 2005). I wanted something that wasn't confidential, which excluded the easy choice of using business data, and I refrain from using artificial data..." more

ENUM: Mapping the E.164 Number Space into the DNS

Many communications networks are constructed for a single form of communication, and are ill suited to being used for any other form. Although the Internet is also a specialized network in terms of supporting digital communications, its relatively unique flexibility lies in its ability to digitally encode a very diverse set of communications formats, and then support their interaction over the Internet. In this way many communications networks can be mapped into an Internet application and in so doing become just another distributed application overlayed on the Internet. From this admittedly Internet-centric perspective, voice is just another Internet application. And for the growing population of Voice over IP (VoIP) users, this is indeed the case... more

How Domain Name Typo-Squatters are Gaming Google

In a recent article, eWeek reports on researchers at Microsoft revealing large-scale, typo-squatting schemes that use "multi-layer URL redirection to game Google's AdSense for domains program". According to this report, the Microsoft Research Systems Management Research Group succeeded in tracking a ring of typo-squatters registering misspelled domain names that generated traffic for serving advertising from Google. more

Development Matters More than Domains

The advance teams are already gathered in Tunisia ahead of next week's second phase of the World Summit on the Information Society, and those of us on the press list are being deluged with announcements, releases, notices and invitations to meetings. The meeting, which runs from 15-18 November, is an opportunity to look at the progress that has been made since December 2003, when representatives and heads of state gathered in Geneva. more

US Policy Container: Depoliticizing the Global Internet

One of fastest growing trends of electronic communications is digital identity. The simplest way of establishing digital identity is to get a domain name and create a web site and email accounts. While this might have been a fairly complex undertaking some ten years ago, today it is a trivial matter. So trivial in fact that spammers and phishers can ply their trade with very low costs of entry. These low cost of entry have made the Internet a commodity business as traffic is handled in the aggregate and competitive pricing has made being an ISP a difficult business model. It also has created aggressive growth and adoption curves. The Internet is also the lowest common denominator... more

Respondent’s Long Use of JACUZZI in Australia Prevails in Domain Name Dispute

Jacuzzi, Inc., owner of rights in the mark JACUZZI, challenged the domain name jacuzzi.net.au in this first WIPO decision involving the .au domain. The Australian respondent had used the JACUZZI name for nearly 15 years. more

IGP Asks You to Weigh in on the USG’s .xxx Intervention

Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  more

WIPO Recommends Uniform Registration for New gTLDs

The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual property (IP) protection mechanism designed to further curb unauthorized registration of domain names in all new generic Top-Level Domains (gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at WIPO Arbitration and Mediation Center, says that such a preventive mechanism would complement the curative relief provided by the existing Uniform Domain Name Dispute Resolution Policy (UDRP). more

Wal-Mart on the Domain Name War Path

Wal-Mart seems to have been particularly vigilant lately about protecting itself from third parties setting up websites critiquing Wal-Mart and its practices. ...Wal-Mart recently scored a victory in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy ("UDRP") before the World Intellectual Property Organization ("WIPO") against Jeff Milchen, a self-proclaimed critic of Wal-Mart from Bozeman, Montana who registered the domain name "walmartfacts.biz". more

JET Open Letter to Microsoft

We, members of the JET (Joint Engineering Team), send this open letter to request Microsoft Corporation to implement IDN (Internationalized Domain Names) standards[1] in the next version of Internet Explorer. ...IDN is a critical enabling technology that will make the Internet more useable and attractive to the majority of the Chinese, Japanese and Korean population who do not use English in their daily life. In fact, IDN is mentioned as one of the Declaration of Action of the World Summit of Information Society (WSIS). To date, IDN registration has been launched in .cn, .jp, .kr, .tw and many other European country code top level domain as well as other generic top level domain names. More than 1 million IDNs have been registered since 2000. Most of the web browsers, such as Safari, Firefox and Opera have implemented IDN standards. This means that users can use IDN in these web browsers without additional applications or plug-ins... more