Domain Management

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?

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule?

Understand the Value of Defensive Domain Registrations

The bulk of corporate domain portfolios largely consist of defensive registrations which often include common misspellings, product names, and abbreviations in countries where they may not even be doing business. More than ever, with the launch of new generic Top-Level Domains (gTLDs) expected to occur next year, companies are now taking a hard look at their defensive holdings and asking themselves whether or not they really need all of these registrations.

U.S. Uses Domain Names As New Way to Regulate the Net

Governments have long sought ways to regulate Internet activity, whether for the purposes of taxation, content regulation, or the application of national laws. Effective regulatory measures have often proven elusive, however, since, unlike the Internet, national laws typically end at the border. Earlier this month, the United States began to move aggressively toward a new way of confronting the Internet's jurisdictional limitations - the domain name system.

Policy Failure Enables Mass Malware: Part II (ICANN and OnlineNIC)

On Wednesday September 29th at 1PM there will be a meeting in the Old Executive Building in Washington D.C. with Registries and domain Registrars to discuss illegal Internet sales of prescription drugs. ICANN was originally invited but declined because citing "inappropriateness" . One "U.S." Registrar who definitely will not be in attendance is OnlineNIC

Domain Name Owner Gets Swift Relief Against Impostor Website

In rem actions over domain names are powerful tools. A trademark owner can undertake these actions when it identifies an infringing domain name but cannot locate the owner of that domain name. In a sense, the domain name itself is the defendant. The Anticybersquatting Consumer Protection Act (which is a part of the federal trademark statute dealing with the unauthorized registration of domain names) says that a court can enter ex parte orders requiring a domain name to be turned over when...

The Web is Dead: What This Means to ICANN, New gTLD Program and the Domain Industry

While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important.

Undesirable Consequences of Empirical Studies on Cybersquatting

Empirical studies on cyber- and typosquatting (for example, Moore and Edelman's "Measuring the Perpetrators and Funds of Typosquatting") may inadvertently encourage bad behavior. People tend to do what most other people are doing, even when the given act is presented to them as something wrong.

ccIDNs: So Many Choices, So Little Time

As a result of ICANN's IDN ccTLD Fast Track process, which was launched in November of last year, a number of new ccIDNs (Country Code Internationalized Domain Names) have been successfully added to the root including: China (.??, .??), Egypt (.???), Hong Kong (.?? ), Russia (.??), Saudi Arabia (.????????), Taiwan (.??, .??) and the UAE (.??????). ... With so many new registration possibilities available, and several Sunrise periods quickly approaching, many corporate domain managers are asking themselves whether new registrations should be added to portfolios which are already bursting at the seams.

Google & eBay, Keywords & Domains, & ICANN

Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4).