An Initial Call for a More Enhanced UDRP

Since its launch on December 1, 1999, the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) has been an effective tool to quickly remove domain names which infringe upon the trademark rights of others on the Internet. The Internet has changed dramatically since 1999, but the UDRP has remained the same and has not adapted to address the significant dangers associated with malware, phishing and spear attacks perpetrated by cybersquatters.

Trump and the Internet: What Next?

President Trump has moved quickly to act on campaign promises by Executive Order. The Wall Street Journal opinion page on January 30, 2017, called the President’s conduct a “shock and awe campaign.” And so we are left wondering about his plans to take back the Internet.

Republican Rhetoric

The Implications of the IANA Transition

The decision by the United States government to cede control of certain components of the domain name system (“DNS”) to the Internet Corporation for Assigned Names and Numbers (“ICANN”) on September 30, 2016, has created much commentary in the press.

What's Up with Those New Names After the "Dot" in Web Addresses?

The content after the “dot” in a web address is referred to as a generic top-level domain (gTLD). The Internet Corporation for Assigned Names and Numbers (ICANN) recently opened up the options for what follows that “dot” beyond the familiar .COM, .NET, .ORG and .EDU to a group of terms that is being referred to as “New gTLDs.” Although the first new gTLD became operational two years ago, it is only now that the general public is becoming aware of the gTLD program.


In 2009 intellectual property owners, facing the possibility of hundreds of new generic Top Level Domains (gTLDs), which would open the floodgates for cybersquatting, worked with ICANN to create a Trademark Clearinghouse (“TMCH”). The TMCH provided trademark owners a central database that would validate their marks when each new gTLD went online. Registering their marks on the TMCH would relieve both trademark owners and the new administrators of gTLDs the burden of validating trademark rights each time a new gTLD came online.

The Success of the Trademark Claims Notices

In 2009, when ICANN announced it would allow numerous additional generic strings on the top level domain space commonly known as “gTLDs”, brand owners were justifiably concerned they would have to spend a fortune to protect their trademarks from abuse on the expanded internet.

Prior to the launch of gTLDs brand owners were able to work with ICANN to install several rights protection mechanisms, including:

gTLD Registry Agreement change gives .BRAND owners time, but act fast

During the application period a few years back many brand owners submitted applications for a new generic Top-Level Domain (gTLD) with the intent to run what has come to be called a closed .BRAND Top-Level Domain. This refers to what comes after the "dot" in a web address. Instead of the familiar .COM or .ORG, such brand owners would have their own brand name. Securing and operating such a gTLD as a closed system gives such brand owners all sorts of options for secure, innovative services and information. 

PICDRP: ICANN’s Plan to Enforce Public Interest Commitments in the New gTLDs

In conjunction with the slew of new generic Top-Level Domains (gTLDs) rolling out each week, ICANN adopted a new dispute resolution procedure called Public Interest Commitments Dispute Resolution Procedure (PICDRP). It aims to address complaints that a new gTLD registry is not complying with the Public Interest Commitments in Specification 11 of the registry agreement.

Initial Evaluation has ended – ICANN turns to Extended Evaluation and Registry Agreements

ICANN released the final Initial Evaluation results for new gTLD applications. It has been evaluating all 1,930 applications since the beginning of March 2013.

To date ICANN has passed 1,736 applications for potential new gTLDS.

Review of the applications was based upon several factors, taking into consideration the answers to questions regarding financial, technical, registry services, or geographic names.

It’s a Jungle Out There – Proposed Top level Domain Dot Amazon Subject to Governmental Scrutiny

Earlier this week, the Governmental Advisory Committee (GAC) came to a consensus in objecting to the proposed .amazon top level domain applied-for by internet retailer Amazon EU S.à r.l, emphasizing concerns from South American governments that share the Amazon region.

Because the ICANN Bylaws state that GAC advice “shall be duly taken into account, both in the formulation and adoption of policies,” there is a strong presumption that ICANN will implement a consensus decision, in effect canceling the .amazon application.

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