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When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more
Domain blocking mechanisms are an important element of an organization's defensive domain strategy. With the introduction of the New Generic Top-Level Domain (gTLD) Program by the Internet Corporation for Assigned Names and Numbers (ICANN) in 2013, brand owners were faced with a new challenge -- protecting their marks without overburdening their budgets. Defensive domain registrations were and still are an effective way in which a brand can protect itself in domain namespaces. more
Proposals to enhance online property protection have received a lot of attention lately. Brand managers, goods manufacturers, and content distributors strenuously argue that current law enforcement mechanisms are inadequate to meet the challenges of today's fast-paced marketplace. They specifically note that foreign-based "rogue websites" continue to distribute unlicensed products and content despite existing rules; they maintain that new legislation is needed to empower intellectual rights holders to counter such cyber-criminals more effectively. more
The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more
The Asia Pac Digital Marketing & gTLD Strategy Congress for first and prospective second round applicants will be held in Hong Kong and timed to take place in conjunction with the International Trademark Associations' (INTA) 136 Annual Conference at the Hong Kong Convention and Exhibition Centre (HKCEC) starting on May 10. more
Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year. more
The new .BERLIN domain added 67,000 new registrations early this week and another almost 6,000 yesterday. This occurred after a few registrars ran a promotion offering free .BERLIN domains. As reported at DomainIncite, over a 1/3 of these domains were purchased by one registrant - making them the largest "landowner" in .BERLIN. Giving away domains may be a good short term business practice... But the geographical domains are not supposed to be generic... more
The percentage of zones under .com, .net and .org that support IPv6 has increased by 1,900% over the past 12 months according to a new census conducted by the Measurement Factory, sponsored by Infoblox. According to the census, this dramatic increase can be primarily attributed to the introduction of support of IPv6 by a single domain name registrar, Go Daddy. more
Three parallel events in US communications policy today, all reported on widely - but with a common thread. ... Law enforcement and national security officials want to make sure that they have the same ability to execute warrants and surveillance orders online that they had in the switched-telephone-circuit age -- which will mean substantial government design mandates for new software, hardware, and communications facilities. more
Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more
It has been my distinct pleasure to serve on ICANN's Expert Working Group on gTLD Directory Services (EWG). We put in many long months and what seemed like countless hours of research, discussion, meetings, and deliberations on how to tackle a clean-slate approach to gTLD directory services, popularly known as "WHOIS". In our Final Report, the Expert Working Group (EWG) recommended a Registration Directory Service (RDS) to replace today's WHOIS, providing a next-generation system to better meet the needs of the evolving global Internet with greater accuracy, privacy, and accountability. more
In the next few months, ICANN will have a concrete opportunity to improve its accountability and transparency by enacting the recommendations of the Accountability and Transparency Review Team (ATRT). Those recommendations may not be perfect, but if the history of the ICANN process is any indication, we can't afford to let the perfect be the enemy of the very good. more
Verisign, a global provider of domain name registry services and internet infrastructure, released a statement today regarding the ICANN Board of Directors' decision on the .web auction. more
The 1st Latin American & Caribbean DNS Forum was held on 15 November 2013, before the start of the ICANN Buenos Aires meeting. Coordinated by many of the region's leading technological development and capacity building organizations, the day long event explored the opportunities and challenges for Latin America brought on by changes in the Internet landscape, including the introduction of new gTLDs such as .LAT, .NGO and others. more
According to the 10/10 rule, it takes about a decade to take a product from initial idea to having a standard developed, and then another decade to reach mass market adoption. How can that second decade be reduced in the case of Internationalized Domain Names and their adoption by Internet users? The most effective way to speed up IDN mainstream adoption is learning from history. more
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