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With 2019 coming to a close, we're not just saying goodbye to the past 365 days, we're also saying goodbye to an entire decade. As we bid farewell to the 2010s, we're taking this opportunity to look back and reflect on the digital decade as well as consider what the future might have in store for us all. The past ten years were a whirlwind of change, with new advances in technology exploding onto the market at a faster pace than ever before. more
In the short ten years that they've been around, mobile apps have grown to become a staple of modern digital life. With more than five million apps currently available for download in the major app stores, and with over 2,000 new apps being uploaded every day, mobile apps are big business. Fifty-eight percent of shoppers consistently browse e-commerce apps and 49% of all website traffic now comes directly from mobile app users. All this browsing directly translates into spending. more
There are predatory-domain name registrants, and there are registrants engaged in the legitimate business of acquiring, monetizing and reselling domain names. That there are more of the first than the second is evident from proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). "Given the human capacity for mischief in all its forms, the Policy sensibly takes an open-ended approach to bad faith, listing some examples without attempting to enumerate all its varieties exhaustively. more
We've seen alarmingly BIG increases in multiple abusive behaviors – like phishing, hacking and malware – that often leverage the domain name system (DNS) and privacy/proxy services. Cybercriminals capitalize on gaps in DNS security measures, and ICANN is holding the door open for them by failing to implement their privacy/proxy policy. If you are ever targeted, you are not alone. more
Like the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is consensus-driven; from the bottom up, not the top down. The result is a jurisprudence of domain names that develops in common-law fashion through Panel decisions that over time and through "deliberative conversations" among panelists resolve into consensus. more
Brandsight recently concluded their Third Annual Domain Management Survey. Designed to uncover issues of greatest concern to corporate domain name professionals, the survey was sent to more than 300 companies. The companies that responded spanned all verticals, ranging from financial services to high-tech to consumer packaged goods. Of those that responded, 18% had portfolios smaller than 500 domains... more
WIPO's Arbitration and Mediation Center earlier this month became the only non-Chinese entity to provide domain name dispute resolution services for the .CN and .?? (China) country code Top-Level Domain (ccTLD). more
It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names. more
Wikipedia defines a Mexican standoff as "a confrontation in which no strategy exists that allows any party to achieve victory. As a result, all participants need to maintain the strategic tension, which remains unresolved until some outside event makes it possible to resolve it." This would be an apt way to describe what may be possibly occurring presently between the Internet Corporation for Assigned Names and Numbers (ICANN) and its largest ratepayer, VeriSign. more
In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more
For close to 15 years, when it comes to domain name management, I've personally touted two things: 1) the importance of using a single, secure, corporate domain name registrar and 2) the importance of having a fully-consolidated domain name portfolio for even the largest portfolios. And in many ways, this made sense back then. With a single, corporate-focused registrar, domain professionals were able to access and manage all domains from within a centralized repository. more
This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. more
The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more
You might not understand how crypto-currencies or blockchain wallets work, but Facebook's announcement this week is a clear signal that these new technologies will soon become ubiquitous. Facebook's introduction of its own crypto-currency to its 2 billion users means mass adoption of crypto-currencies and digital wallets are on the horizon. This has implications that trademark owners need to be aware of. more
The Complainant is the owner of the well-known Coachella festival. It owns a trademark registration, issued in 2016, for the mark CHELLA. The Respondent asserted that he intended to use the disputed domain name to set up an online women's clothing store but never did so. He claimed that growing up, his nickname was "Chelle" and that he modified that name to make it sound more feminine for use in connection with the store. more