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The post reconsiders a cooperative solution to cybersquatting that I proposed in 2007. I also draw on examples of success and failure of legal actions to protect intellectual property (IP) licensing. Cybersquatting has gone unabated with the new gTLDs despite the introduction of new protection instruments such as the Trademark Cleaning House (TMCH) database and the availability of Uniform Rapid Suspension (URS) services, as well as declarations by registries of their intentions to block unauthorized registrations. more
The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved. Implementation of a revised WHOIS model is clearly on the horizon, but what comes after may be the real story! Specifically, if WHOIS information becomes more than nominally restricted, what's the consequence to the data controllers (ICANN and the contracted parties) who implement this revised model? more
Managing Intellectual Property, in association with Finnegan, has released an article based on a recently hosted discussion regarding ICANN's approved plans to open the domain name system to an unlimited number of generic top-level domains (gTLDs) and how the Implementation Recommendation Team's (IRT) recommendation will affect brand owners. Topics included the main concerns with new gTLDs from a brand owner's perspective, the role of IRT, enforcement issues, and navigating the new domain name space. Finnegan partners David Kelly and Jonathan Gelchinsky participated with J Scott Evans of Yahoo! Inc., Elisabeth Roth Escobar of Marriott International, Inc., Erik Wilbers of WIPO Arbitration and Mediation Center, and Kurt Pritz of ICANN for the roundtable. more
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
One of the most important debates in the realm of Internet governance pertains to when, how and how much voluntary action registrars can and should take to prevent the use of their registration platforms in furtherance of criminal activity. In the Internet pharmacy world, the trend over the past four years has been unmistakable: A growing number of registrars worldwide, large and small, recognize the value of prohibiting the use of their registration services... more
The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more
One of the hot topics at this year's Internet Governance Forum was the continuing development of the infrastructure of the Internet in emerging markets. For example, in a workshop entitled "Strengthening ccTLDs in Africa", attendees debated the drive for technical excellence, better policy structures and enhanced quality of service for the continent's ccTLDs. ... To support this development, we provide a secondary DNS service to not-yet-established ccTLDs, free of charge. more
ICANN has announced that they will be having a Special Meeting of the ICANN Board on 19 February 2010 (3:00 UCT) to discuss the "upcoming ICANN International meeting." It is reasonable to assume that the 17 February 2010 security update will be a topic of discussion... I trust that the ICANN Board will make the right decision balancing the obligations that ICANN has to the global Internet community, with the safety and security of those ICANN stakeholders that participate in person at these ICANN events. However, the ICANN Board needs to gain the trust of the global community in connection with this and other important decisions that it will be making. more
Antony Van Couvering, CEO of Minds + Machines, continues his series of in-depth talks with leading figures from the domain name industry with this video interview of Alexa Raad, CEO of Architelos, filmed recently at ICANN 49 in Singapore. Alexa and Antony discuss how brands are dealing with new gTLD, registry strategies for success and how to market a new gTLD. more
In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more
On December 9, 2009, the ICANN Board announced its intention to vote during its upcoming February 4, 2010 meeting to approve a plan by which ICANN would solicit "Expressions of Interest" (EOI) from prospective applicants for new Generic Top Level Domains (gTLDs) such as .BLOG. But given a number of significant governance and public policy concerns raised by the current EOI proposal, the ICANN Board should take no action on it before the next in-person ICANN regional meeting--in Nairobi, March 3-7, 2010. more
Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more
The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive remedy for cybersquatting, but it is by far the preferred forum. Direct actions in courts of competent jurisdiction, the Anticybersquatting Consumer Protection Act (ACPA) in the U.S. are minimal in comparison, and it is rare for respondents to remove disputes to a court of competent jurisdiction before a UDRP decision (paragraph 4(k) of the Policy). Less rare (but not copious) are post-UDRP challenges under the ACPA. more
This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more
When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more
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