Domain Management

Blogs

The .BEST Acquisition: 3 Months After

The .BEST new gTLD Registry was acquired 3 months ago by Cyril Fremont, a French Entrepreneur from Paris, and a team of investors. I took the time to meet with Cyril in the latest ICANN63 meeting in Barcelona to ask him a few questions about his future new gTLD project, three months after it was acquired from the previous owner... .best has just released the MVP (Minimum Viable Product) of the social network. The ".best" social network will be officially present at the next Namescon... more

Despite Voice and AI Hype: the Domain Name Remains Crucial in Marketing

In the early days of the internet, companies only needed a simple web presence to be among the pioneers of digitization. Playfully animated hover buttons and electronically-synthesized background music were commonly accepted standards. To appear on a search engine, webmasters simply had to submit the URL of their website. more

"In the Public Interest"

Prior to November 30th of this year, the National Telecommunications and Information Administration (NTIA) must decide whether to renew or allow to expire its Cooperative Agreement with Verisign, the private-sector corporation that operationally controls the root of the Internet.. The Cooperative Agreement is unusually obscure, especially considering its central role in the operation of the Internet's Domain Name System (DNS). more

Q&A with Matt Serlin, ICANN's Expedited Policy Development Process Team Member

Matt Serlin is the former Chair of the ICANN Registrar's Constituency and is currently a member of the Expedited Policy Development Process (EPDP) team on the Temporary Specification for gTLD Registration Data. For the past several months, Matt has met at least 2 times each week with members of EPDP team. As a reminder, the EPDP team is comprised of 31 individuals representing various groups within the ICANN community... more

Remedies for Cybersquatting: New gTLD Domain Names

In the discussions proceeding the World Intellectual Property Organization (WIPO) publishing The Management Of Internet Names And Addresses: Intellectual Property Issues (Final Report, April 30, 1999) that ultimately led to the ICANN implementing the Uniform Domain Name Dispute Resolution Policy (UDRP) (1999) commentators considered three remedies to combat cybersquatting: suspending, cancelling, and transferring infringing domain names. more

The Emergence and Consolidation of a Jurisprudence of Domain Names

One of the fallouts of disruptive inventions is the need for new laws to counter their unexpected consequences. As it concerned the Internet, these consequences included a new tort of registering domain names identical or confusingly similar to trademarks and service marks with the intention of taking unlawful advantage of rights owners. Prior to 2000 the only civil remedy for "cybersquatting" or "cyber piracy" was expensive and time-consuming plenary actions in courts of competent jurisdiction under national trademark laws. more

Undone! Failure of Persuasion in UDRP Proceedings

A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more

New Brandsight Domain Management Survey Reveals Companies Face Challenges Managing Domain Portfolios

Brandsight recently concluded their Second Annual Domain Management Survey. Respondents to the survey were corporate domain name professionals. Of those that responded, 35% had portfolios that were between 3,000-10,000 domains and another 30% had portfolios greater than 10,000 domains. Fifty-seven percent of respondents reported that they manage domains out of the legal department, with the remaining respondents' portfolios managed out of IT, marketing and other groups. more

Respondent Had Rights or Legitimate Interests in Domain Name by Using It to Promote Genuine Business

In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more

Adopting IDN to Reach New Untapped Markets

An IDN is a domain name which uses a particular encoding and format to allow a wider range of scripts to represent domain names such as Gujarati, Arabic, Chinese, Cyrillic, Devanagari and many more scripts. In simple words, a domain name with non-English characters will be called an Internationalized Domain Name. Humans have a variety of languages and alphabets that are familiar to them, and domain names do too. IDN unlocks an increased familiarity and affinity for humans. more

WIPO Updates GDPR Guidance for UDRP

Three months after implementation of the European Union's (EU) General Data Protection Regulation (GDPR), the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center has expanded and updated its already helpful web page with important questions and answers about how the GDPR is impacting the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Limitations, Delays, and Laches as Defenses in Cybersquatting Claims

In passing the baton for combating cybersquatting to the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) recommended that "claims under the administrative procedure [should not] be subject to a time limitation" (Final Report, Paragraph 199). ICANN agreed and the UDRP contains no limitation period for making a claim. The absence of a limitation period does not necessarily forego applying equitable defenses for delay, but the consensus of Panels appointed to decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) is that they are not applicable in countering cybersquatting claims. more

Challenging UDRP Awards in Federal Court: Recent Outcomes

Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more

What's Abusive in Registering Domain Names, and the Reverse?

The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

News Briefs

Neglected Domain Renewals Increasingly Scooped Up by Crooks for Credit Card Stealing Purposes

U.S. Government Extends Its Cooperative Agreement With Verisign, Green Lights .Com Price Increase

Special Interests Circulating Draft Legislation to Cut Short ICANN's Whois Policy Process

The .EU Top-Level Domain Facing Radical Shake Up as a Result of the Proposed New European Regulation

ICANN Files Legal Action Against Domain Registrar for Refusal to Collect WHOIS Data

A Short-Term Suspension of GDPR Enforcement on WHOIS May Be Necessary, Says U.S. Government

ICANN Releases Temporary WHOIS Specification Plan for GDPR Compliance With Deadline Two Weeks Away

ICANN CEO "Cautiously Optimistic" EU to Provide Clear Guidance for Domain Industry GDPR Compliance

Microsoft, Facebook and Others Demand ICANN Take a Closer Look at Questionable Registrars

EFF Warns ICANN Not to Engage in Censorship, Says It Should Stick to Technical Role

Dell Loses Key Customer Support Domain Name for a Month, Site Exposed to Questionable Content

Cycling Legend Greg LeMond Sues Cybersquatters Upward of $6.6 Million

Russian Interference More Vigorous than Assumed, Over 39 States Targeted During Election

CADNA Returns to Lobby for Stronger Cybersquatting Laws

New Technique Detects and Eliminates Abusive Domains at Time of Registration

WIPO Reports Rise in Cybersquatting Cases, Triggered by New gTLDs

Facebook-owned Instagram Wants Domain Deal Upheld

Harm Caused by Typosquatting Is Still Modest, Research Suggests

Newly Released "Domain Name Arbitration" Book Offers Guide for Navigating UDRP

A Unique Seven-Month Long Study of the Typosquatting Landscape

Most Viewed

Most Commented

Industry Updates

Participants – Random Selection