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At the top of WIPO's list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is "Hugo Boss" with 62 complaints. The report also reveals that the fashion industry led other commercial sectors with 10% of complainant activity. Not surprisingly, in this sector companies (couturiers extending their services to the general public) are branded with the personal names of their founders. Why any registrant would intentionally target well-known personal names in the fashion industry is a mystery because there's no future in it. In fact, complaints are never answered and always successful. more
As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more
On March 9th, 2016, during its final open meeting at ICANN 55 in Marrakech, Morocco, the Generic Names Supporting Organization (GNSO) Council approved a motion that I proposed to adopt the Charter of the Policy Development Process (PDP) to Review all Rights Protections Mechanisms (RPMs) in all Generic Top-Level Domains. I serve on the Council as one of the two representatives of ICANN's Business Constituency, and my fellow Councilors have designated me to serve as the GNSO's Liaison to the Working Group (WG), and as its Interim Chair. more
Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. 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
Come join the discussion on Wednesday 17:15 UTC. Quis custodiet ipsos custodes? As ICANN approaches its 18th birthday, it marks its ascension to adulthood and independence with a new framework of accountability. As we attempt to modernize and empower the organization with oversight of the DNS, the question of "who watches the watchmen?" is on the tip of everyone's tongue. more
For years, the question of exactly when to register a domain name has been one asked by legal departments, as they've sought to formalize their internal processes. If you were to think about it logically, it would make most sense to register it after the trademark had been cleared. After all, why bother to register a domain, if you aren't going to use it to support a product, service or campaign? more
The much-maligned Uniform Rapid Suspension System (URS) is not only failing to catch on -- it's actually starting to fade. Once envisioned as a popular rights-protection mechanism for trademark owners under the new generic top-level domain names (gTLDs), the URS instead is seldom used. In fact, despite the growth in new gTLD registrations, the URS is in decline. more
2015 was a challenging yet exciting year for brand owners. While new gTLDs continue to consume much of the news in the domain industry, there were other notable highlights. Global domain registrations reached nearly 300 million; ICANN had several initiatives in motion that were of particular concern to brand owners; and companies continued to face threats to their brand reputation, revenue and customer trust. Here's my top 5 domain highlights from 2015. more
Facebook-owned Instagram has filed legal proceedings in the US to have a 2011 domain name purchase of 'instagram.com' upheld and block a 'sham' lawsuit in China. more
This week, I had the privilege of presenting at NamesCon on behalf of the Domain Name Association (DNA) -- in my position as Chair of the Board -- to provide an update on our activities and an assessment of our progress as an industry in light of the goals of the DNA. In summary, there is still a long way to go with many challenges to address. Despite this, there is much to be excited about and incredible opportunity for our combined success. Included here is a transcript of my speech. I welcome feedback and comments. more
Once again it is time for CircleID's annual roundup of top ten most popular posts featured during the past year (based on overall readership). Congratulations to all the 2015 participants and best wishes in the new year. more
2015 has been a busy year for the new gTLD industry and 2016 will undoubtedly, be another interesting year. Anticipation of the General Availability for some of the highly contentious TLDs, the development of existing generic Top Level Domains (gTLDs) in terms of registrations, and business proposition with the majority of the first round of applicants reaching delegation by the end of the year. While 2015 had over 7 million new gTLD domain registrations, the top 25 Top Level Domains accounted for almost a half of both registration revenues and volumes highlighting the need for the industry to garner further momentum and fortune. more
One of Rightside's missions is to help registrars, resellers, and domain specialists grow their business. As the domain industry once again convenes at NamesCon, it's important to discuss what we've been doing (what worked, what didn't) and still must do to build global awareness for new domain names. From a technological perspective, I think the tools and services being offered have never been faster, more stable, or secure. What I want to explore is not on the technical side of the business, but on the marketing side, and that's the opportunity presented by complementary domains. more
What's the difference between .local and .here? Or between .onion and .apple? All four of these labels are capable of being represented in the Internet's Domain Name System as a generic Top Level Domains (gTLDs), but only two of these are in fact delegated names. The other two, .local and .onion not only don't exist in the delegated name space, but by virtue of a registration in the IANA's Special Use Domain Name registry, these names cannot exist in the conventional delegated domain name space. more
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