Domain Management

Proxy-Privacy User Higher for Illicit Domains

WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers.

ICANN Board: You Got It Right. Then You Got It Wrong. Now, Get It Right Again.

The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns.

A Fairness ‘Scorecard’ for Trademark Protection Under the New gTLDs

In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future?

The Wayward AntiCybersquatting Consumer Protection Act

The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated...

A Tribute to the STI (Special Trademarks Initiative Team)

In the ICANN world, our relations are often a little tumultuous, as policy-making bodies can be. As I look back on my experiences over the last decade at ICANN (and many committees, working groups and task forces), one stands out for its quality, dedication, professionalism and hard work. That's the Special Trademarks Initiatives Working Team, or the STI. I was proud to be a part of the Team as an Non-Commercial Stakeholders Group (NCSG) representative, and this tribute reflects my high regard for the Team and the recommendations it produced.

2010 Domain Name Year in Review - Oh, What A Year It Was!

Many of us were expecting radical changes in 2010 to the domain name market. There definitely were some of those -- just not the ones I expected. From the seizure of domains names by the US Government to ICANN's removal of restrictions on Registry/Registrar cross-ownership, 2010 was a year full of surprises. In this post, I've compiled what I think were the biggest domain name stories in 2010.

Domains and the Freedom to Speak

For a very long time, predating the birth of ICANN, there's been a running battle about what should be required when one registers domain names. To oversimplify quite a lot, one side sees domain names as an essential component of free speech, so anyone should be able to register any domain without limit, the other notes that they're primarily used for commercial purposes and they enable quite a lot of mischief, so the more control, the better.

The Trembling Trademark Owners

Why is so much fear being created in the name of protecting trademark owners? Say, if ICANN allowed some third party a generic Top-Level Domain (gTLD) called .panasonic will the sky fall? No, not at all, as Panasonic, the true and rightful TM holder will hit the unauthorized gTLD with a 2x4 and no judge would oppose issuing a cease-and-desist order. Now the other question is...

CircleID’s Top 10 Posts for 2010

Looking back at 2010, here is the list of top ten most popular news, blogs, and industry news on CircleID in 2010 based on the overall readership of the posts (total views as of Jan 1, 2011). Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2011. Happy New Year!

Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t - Goforit v. Digimedia

This is a super-interesting dispute involving two not-so-interesting litigants. The plaintiff Goforit runs a type of meta-search engine at goforit.com. After spending 5 minutes at the site, I couldn't identify a single reason why anyone would want to use it. Also inexplicably, Goforit appears to be quite pleased with its trademark rights in "Goforit," a term that seems more like an exhortation than a trademark.