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On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that "[t]here is no doubt Respondent is in the business of being a reseller of domain names that consist of common English words" and then suggested that the "fundamental question before the Panel is whether or not such a business should be allowed under the UDRP." He concluded that such a business should not be allowed... more
I have been reading through the last gTLD applicant guidebook and have wondered whether all my efforts, traveling, attending all major music conference and lobbying come with any merit. How do you define a community? What is the difference between a dotGreece, dotGay or dotMusic community? ...Whether we like it or not, the point system is what ICANN has set up to determine the winners. If you were to ask me I would create a different method of scoring. It is one of open competition. more
Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more
Doug Isenberg notes in a recent CircleID essay that two records in domain name disputes were broken in 2017, namely number of cybersquatting claims (3,036 in 2016, 3,073 in 2017) and number of domain names implicated (5354 in 2016, 6370 in 2017). Fairly consistently from year to year, approximately twenty percent of filings are terminated (withdrawn): whether by settlement or nolo contendere we don't know. (All of these statistics come from the World Intellectual Property Organization (WIPO). more
The curtain rises on January 12th 2012 but key players are still singing different tunes. Let's peek into their performance as they start taking center stage. FTC, the Federal Trade Commission, has sent a letter to ICANN on December 16th 2011. Re: Consumer Protection Concerns Regarding New gTLDs. They write; "We write now to highlight again the potential for significant consumer harm resulting from the unprecedented increase in new gTLDs." The following paragraph clearly highlights the lack of information about the ICANN gTLD platform. more
Two Uniform Domain-Name Dispute-Resolution Policy (UDRP) decisions posted this month involved domain names registered 20 and 21 years ago, David Duchovny v. Alberta Hot Rods c/o Jeff Burgar, 21 years and Commonwealth Bank of Australia v. Registration Private, Domains By Proxy, 20 years. Complainants prevailed in both cases. The domain names stand out as being the oldest to have been found registered in bad faith, and transferred. more
I am a big fan of DDI (DNS, DHCP and IPAM) as magical trio to manage all transactions on network infrastructures... Or to say the least: make it possible. Basically it makes these "Core Network Services" concise, manageable and integrated. It basically makes the network infrastructures of today and the future possible. There is however one thing that continuously seems to irritate when talking about integrating these services on networks. more
In afternoon of 14th July, the China Academy of Information and Communication Technology (CAICT) and ICANN Beijing Engagement Center jointly held the ICANN 59 China Internet Community Readout Session. Mr. Zhang Ya, Deputy Director of Information and Communication Authority under the Ministry of Industry and Information Technology (MIIT), made his presence and gave opening remarks on the meeting. Over 40 representatives from the Cyberspace Administration, the Ministry of Foreign Affairs, domain name registries and registrars, industrial organizations, institutes and universities participated in the seminar. more
As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. more
They say late converts are the most passionate believers. Until now I haven't supported the Expression of Interest (EOI) for new TLDs, the proposed mechanism to measure the number and type of likely applications. Not because it won't work (I think it'll work fine) but because I didn't think it was necessary. I've changed my mind. Here's why. more
In a post published today titled, "A Stronger Future for .org and the Internet," by Vint Cerf -- often referred to as one the father's of the Internet – he has expressed his disappointment with the controversy surrounding Ethos Capital's proposed acquisition of the Public Interest Registry (operator of .ORG domain). more
Domain names registered under United Arab Emirates' recently liberalized county code Top-Level Domain (.ae) have attracted such high level speculative interests that red flags have been raised within the country's regulatory agency. Domain names such as 'vip.ae' and 'vips.ae' registered only a little over a year ago are currently receiving multi-million dollar offers according to reports. Abu Dhabi's newspaper, The National, reported last week that the Telecommunications Regulatory Authority (TRA), the .ae administrator, has stated "registering a UAE domain with no intention other than to resell it could hurt the registrants if they are later accused of registering the site in bad faith, something forbidden by its rules." more
Dialogue is the only way to end cybersquatting. Distrust between brand owners and domain owners (with an assist from some cockeyed business incentives) has turned a problem into a very expensive vicious cycle. Now that ICANN is about to launch new top-level domains (TLDs), negotiations must start immediately or both sides will pile up further loses. Here's how the problem plays out now. more
On July 10th Architelos released the first NameSentry Report, benchmarking abuse levels in the domain name industry. For some time now, a debate has raged about the potential impact of new gTLDs on Internet safety and security, namely abusive registrations such as phishing, spam, malware, and so on. However, without benchmarking the current state, how can we realistically evaluate if new gTLDs have made any measureable difference in the level of abuse? more
Millions of websites under Germany's top-level domains, .de, went offline on Wednesday due to a technical error according to various sources. While the exact cause of the outage is still unknown, the problem is reported to have originated from DENIC, the central registry for the .de top-level domain. more
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