Domain Names

Neustar Announces Intention to Separate Into Two Independent and Publicly Traded Companies

This move will allow the company to separate its call routing services for telecom carriers from its marketing and security related services. Additionally the company has indicated that the latter unit, that is marketing, security, and data services, will be rebranded. more

Statutory Remedies for UDRP Grievants

The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award, namely an action for declaratory judgement under the Anticybersquatting Consumer Protection Act (ACPA). The action is not an appeal, but a de novo assessment of the parties' rights, either that the domain name holder is cybersquatting or its registration was lawful. Under U.S. law UDRP awards are not treated as arbitration awards subject to the Federal Arbitration Act but as new disputes. more

Disputes Falling Outside the Scope of the UDRP

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

Do You Know Who Your Domain Name Registrar Is?

A guy I know passed along this e-mail sent to one of his customers. They assumed it was a phish, since they didn't recognize the domain name in the link, but couldn't figure out what the goal of the phish was. They even checked the list of ICANN registrars, and nope, registrar.eu wasn't on the list. Nonetheless, this mail was real, and if the recipient had ignored it, his domain would have been suspended. What's going on? more

The 5 key Benefits of a Branded Top Level Domain - According to the Brands Themselves

In early 2012, in order to promote Choice, Competition and Innovation, ICANN opened its doors to allow organizations to apply for new Top Level Domains. In spite of a complex and costly application process, ICANN received a very large number of applications: In total, 1,930 applications were received, of which 675 were brands applying for a closed new gTLD, a dot brand. more

Declaring and Declining to Find Reverse Domain Name Hijacking

What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more

Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark - instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement if the brands are registered with the Trademark Mark Clearing House, but notices do not function as injunctions to block registrants from registering infringing names. more

Using the URS as a Preliminary Injunction for Domain Name Disputes

As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names' histories. While it doesn't compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). How it's used (and why the Wayback Machine should be in a party's toolkit) for supporting and opposing claims of cybersquatting is illuminated in a number of recent UDRP cases. more

Canon Takes Its .brand to the World, Moves Its Global Site to .CANON

As the .brand movement continues to gain momentum across the globe, this week's announcement of yet another high-profile .brand launch was fantastic news for the industry. Japanese powerhouse Canon publicly announced the transition of its global homepage from www.canon.com to www.global.canon and even created a simple, yet powerful image to highlight the innovative move. more

U. S. Government Blasts China’s Draft Domain Regulations

In an unexpected move, the two top U.S. officials charged with the Obama Administration's Internet policy have issued a joint statement severely criticizing draft Chinese domain policies. On May 16th, the State Department's Ambassador Daniel A. Sepulveda and NTIA's Assistant Secretary for Communications and Information Lawrence E. Strickling issued an official statement titled "China's Internet Domain Name Measures and the Digital Economy". more

Proving Common Law Rights Predating Domain Name Registration

The trademark rights required for standing under paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (UDRP) refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove both secondary meaning of the marks and their distinctiveness prior to the registration of the domain name. more

Sweden Makes its TLD Zone File Publicly Available

Patrik Wallström writes to report that as of today, IIS (The Internet Foundation In Sweden) has made the zone files for .se and .nu domain names publicly available for the first time. "The underlying reason for making the zone files for .se and .nu available is our endeavour at IIS to promote transparency and openness. IIS has made the assessment that the zone files do not contain any confidential information and, therefore, there is no reason not to make this information available." more

PirateBay Domains to Be Handed over to the State, Swedish Court Rules

The Swedish court ruling on Thursday will result in confiscation of 'ThePirateBay.se' and 'PirateBay.se' from one the worlds most popular torrent websites. more

Cybersquatting & Banking: How Financial Services Industry Can Protect Itself Online (Webinar)

Businesses in the financial services sector are among the most frequent targets of cybersquatters. In this free webinar, I will be joining Craig Schwartz of fTLD Registry Services to provide important information about how domain name fraud is affecting the financial services industries, including banking and insurance, and what businesses and consumers can do to protect themselves online. more