Archive for March, 2009


ICANN Slows the New gTLD Program and Consults IP Community

Posted March 31st, 2009

This view of ICANN’s latest move is brought to us by Nick Wood, Managing Director of Com Laude and a member of the ICANN board appointed Implementation Recommendation Team (IRT).

ICANN, as many of you know from past NameSmash posts has embarked on a program of expansion that will see the domain name system grow dramatically with the introduction of hundreds of new gTLDs.

If ICANN succeeds then in five years time, the 250 country code (ccTLDs) registries of today could be overshadowed by a thousand or more gTLD registries run by entrepreneurs and affinity groups, cities and even brands. The business of protecting trade marks in the domain name system will change forever as the number of registered domains expands from 170 million to 250 million, maybe many more.


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Posted in CCTLD's, Enforcement, gTLDS, ICANN, Internet Security, IPC, WIPO by  


New gTLDs and Trademark Issues: Implementation Recommendation Team

Posted March 27th, 2009

This from an ICANN News Alert:

As directed by ICANN’s Board in a recent resolution (go HERE), the Intellectual Property Constituency (IPC) has formed an Implementation Recommendation Team (IRT). Members of the IRT are listed HERE. The IRT has been formed to provide possible solutions to trademark issues raised in the new Generic Top-Level Domain (New gTLDs) implementation planning.


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Posted in gTLDS, ICANN, IPC by  


The Broken Record: Domain Name Disputes

Posted March 24th, 2009

By Doug Isenberg
The GigaLaw Firm

For the second consecutive year, the World Intellectual Property Organization (WIPO) has ANNOUNCED a record level of activity relating to domain name disputes, with 2,329 complaints being filed in 2008 under the Uniform Domain Name Dispute Resolution Policy (UDRP).  The figure represents an eight percent increase over the previous record year in 2007.

(The National Arbitration Forum (NAF) REPORTED that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008, but NAF does not indicate whether its caseload was busier than past years, and NAF statistics are not readily available.)


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Posted in Enforcement, gTLDS, ICANN, UDRP, WIPO by  


The Polls Are In

Posted March 20th, 2009

An Ad Age poll as we checked it today reported that 73% of marketers think adding more top-level domains are a bad thing.  Go HERE for the latest skinny on their results.

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Posted in gTLDS, Know Your Domains by  


Who Should Monitor Online Counterfeiters?

Posted March 20th, 2009

By Alison Arden Besunder and Loni J. Sherwin
Excerpt posted with permission from the New York Law Journal.

Oral arguments will soon be heard by the U.S. Court of Appeals for the Second Circuit in the highly watched dispute between renowned jeweler Tiffany & Co. and eBay, the popular online auction site, over who bears the burden of “policing” online counterfeit activity.

Evidencing the tension between e-commerce and brand owners, eBay, Tiffany and several amici curiae have advanced their positions to the circuit. Go to the New York Law Journal for the article in it’s entirety.

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Posted in Anti-Counterfeiting, Enforcement, Internet Security by  


Mormons Demand ICANN Plugs Net Smut Hole

Posted March 19th, 2009

Republished with permission from The Register.

By Kevin Murphy

Mormon anti-pornography activists led by SCO Group chairman Ralph Yarro III are calling on ICANN to give more political clout to those who want to kick porn off the web.

Scores of Yarro’s followers have this week petitioned ICANN to OK the formation of a new “Cybersafety Constituency” which would help develop binding policies for the internet’s domain name system.

The drive is being orchestrated by Cheryl Preston, the top lawyer for, an “Internet Zoning” censorship campaign headed by Yarrow, who is also the chairman and largest shareholder of controversial Linux vendor SCO.


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Posted in ICANN, Internet Security by  


La Palabra from Mexico City

Posted March 18th, 2009

Mike Rodenbaugh went to Mexico, paid attention and now he is sharing his thoughts with us. Good thing too. Mike’s a GNSO Councilor and Officer of the Business Constituency.

ICANN held the first of its three 2009 general meetings in Mexico City, from
February 28 to March 6.  More than 1200 people attended, and the prime
topics were new TLDs and trademark protection.

This should be welcome news to many of us who have been arguing for years
that ICANN does little to remedy rampant trademark abuse in existing TLDs.


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Posted in gTLDS, ICANN, Internet Security by  


ICANN to Review Trademark Issues Before Launch of New gTLDs

Posted March 9th, 2009

At the ICANN Meeting in Mexico City that just wrapped up, the Board of Directors approved the establishment of an Implementation Recommendation Team (IRT) to address trademark issues connected with the Internet address expansion of the new gTLDs. See the ICANN News Alert HERE.

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Posted in gTLDS, ICANN by  


Oh Non, Mon Nom!

Posted March 9th, 2009

Sylvain Hirsch is an expert on many things French, but particularly Internet issues and of course, .fr. Here’s his inside take on AFNIC, restrictions on registration, options for dispute resolution and other tasty tidbits.

In Cyberspace, the French  (AFNIC’s ) touch is about the specific regulations for acquiring a (domain) name, searching, protecting your personal data and defending your brand on the Internet under .fr.

Acquiring a .fr domain is a pretty straightforward process, provided you either:

• are a corporate entity located in France  and can evidence it with your SIRET Number (Registration number at the Trade’s Registry) and/or be identified in an online dartabase;

• are the (happy individual or corporate) owner of a registered trademark valid in France (i.e. a national French registration,  a registered CTM or an International Registration designating France). In that case, it is very interesting to note that the requirement is of any such registered trademark. The domain which registration under .fr is requested does not need to have any link to the trademark. A US company which would own say a registered CTM for “NameSmash” would be eligible on that basis to apply for any number of any available .fr domains

• are an individual resident in France, i.e. with an address in France (this liberalization dates from June 20, 2006);

Whatever your situation with respect to the above eligibility criteria, the administrative contact MUST be based in France and have an effective address in France to which legal and extrajudicial documents can be sent.


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Posted in .fr, CCTLD's, ICANN, Know Your Domains, UDRP, Whois, WIPO by  


Vatican Vetos ‘Dot God’ Domain

Posted March 6th, 2009

By Kevin Murphy

Republished with permission from The Register.

The Pope has called on ICANN to keep religion out of the domain name system.

The Vatican warned the internet address-making body of the “perils” of allowing new internet domains such as “.catholic, .anglican, .orthodox, .hindu, .islam, .muslim, [and] .buddhist”.

ICANN, frequently accused of mission creep, could find itself having to decide who gets to represent an entire religion on the internet, His Holiness pointed out, in a letter from Monsignor Carlo Maria Polvani.

Religion-themed domains could provoke “bitter disputes” that would force ICANN into “recognizing to a particular group or to a specific organization the legitimacy to represent a given religious tradition,” Polvani told outgoing ICANN chief Paul Twomey.


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Posted in gTLDS, ICANN, Internet Security, Know Your Domains by