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UDRP Complaints: Getting it Right the First Time; Second Chance With New Facts

UDRP complainants are expected to get it right the first time, and if they don't there's a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not preclude the possibility of one being accepted on evidence of new facts. In Haru Holding Corporation v. Michael Gleissner / NextEngine Ventures LLC the Panel concluded that the time between registration of the domain name and the filing of the complaint was too short for bad faith use... more

Creating, Protecting and Defending Brand Equity - Part 1

Trademark laws exist around the world to facilitate the use, registration and protection of your brand. With the incredible growth of the internet and the surge in global commerce it has helped produce, the importance of having a recognizable name has grown. In tandem, the risk of infringement, the threat of someone else trading on or benefiting from someone else's brand equity, has also grown. While it is easier than ever to create a global brand, the challenges involved in protecting the equity it creates have increased. more

Is It Time for Social Networks to Adopt Some Trademark Protection?

The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well? more

Mid-Year .brands Review: 2017 Off to a Brilliant Start

If you've read my blogs in the past, you'll know that I'm really passionate about the benefits that .brands can deliver to organizations and their customers. We are now half way through 2017 which provides us with an opportunity to have a good hard look at the data and reflect on the last six months in the .brands space. Here is the punchline -- it's pretty damn impressive, and for a variety of reasons. more

Domain Abuse: Are We Speaking the Same Language?

For those of us in the domain name industry, it's clear that security threats and the way we track, report, and mitigate them has been a topic of increased discussion and focus in recent months. As we prepare to come together as a community again at the next ICANN public meeting in Marrakech, many of us will look to continue these conversations, as there is no doubt it is a topic of importance, relevance and urgency for our community at this time. more

What Would You Like to Ask at the ICANN Public Fora in Mexico City?

ICANN has its 34th international public meeting in Mexico City on 1-6 March i.e. in just over a fortnight. One of the consistent concerns I hear in my role as general manager of public participation for the organization is that there is not a way for people to ask questions to the staff and the Board. I don't think that's really true but I do accept that the formats used are not liked by a large number of people... more

Australia to Block Domain Names That Host Extremist Content During Attacks

Following the Christchurch massacre in March which resulted in the killing of 51 worshippers at two New Zealand mosques, Australian Prime Minister Scott Morrison while attending the G7 summit in France, said the government will establish a new framework to block domains linked to violent attacks. more

Dot Gay Alliance Announces Plans for .GAY TLD, Profits to Fund LGBT Civil Rights

The Dot Gay Alliance has announced plans to create the .GAY top-level domain (TLD) that also aims to become a source of funding for the LGBT civil rights groups in the US and abroad. The Dot Gay Alliance is led by Founder & Executive Director Joe Dolce, whose media strategy firm, DolceGoldin, provides communications services for the Alliance, according to the announcement released today. Dot Gay Alliance supporters include, New York City Council Speaker Christine C. Quinn and Sunil Babu Pant, the first openly gay member of the Nepal Parliament. more

Curious Statement About 2012 gTLD Round Name Collision Fears at IGF

During his presentation at IGF on 7 December in Guadalajara, Akram Atallah, President of ICANN's Global Domain Division, said the following: So when you look at that, you'll see that we are left with only 20 to go. There are a few that need to be withdrawn that haven't withdrawn... This surprised me, but since the meeting was about possible new application procedures and not the handling of the last round's persistent problems, I decided not to ask at that point. more

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. more

ICANN Policymaking Should Be Even More Transparent

Transparency and accountability are embedded in ICANN's core values. Indeed, ICANN's Bylaws mandate that "ICANN and its constituent bodies shall operate to the maximum extent feasible in an open and transparent manner ...". Public Interest Registry believes that a dedication to transparency is fundamental to the strength and continued effectiveness of ICANN's multistakeholder model. more

AFNIC Publishes New Issue Paper on “the Secondary Market in Domain Names”

Loic Damilaville writes to report: Today AFNIC is publishing its new issue paper on the secondary market in domain names. The paper -- written to inform individuals as well as businesses -- gives a detailed account of the concept of "secondary market", the valuation mechanisms used, and the main players involved. The secondary market covers over-the-counter sales of already registered domain names, as well as the market in "second-hand domain names" and the ecosystem made up of the various players involved in these matters. more

Will October Be Our Biggest Month Yet for .brand TLDs?

I'll admit I tend to get evangelical when I'm talking about .brands. To me and the team at Neustar, every development in this space is exciting and significant and we're always eager to share the latest news and insights. But you don't have to be a .brands nut to see that the last few weeks have shown some serious signs of momentum. And it makes me wonder, with everything that's developed in just the last week or two, could we be set for October to be the biggest month in .brands we've ever seen? more

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more

Domain Name Registration: Not a Technology Service Any More?

It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more