Choosing A Trademark

Choosing A Trademark That Won’t Buy You A Lawsuit | Carlton Fields Jorden Burt - JDSupra:



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Domain Names, Possession Is 9/10ths Of The Law

Domain Names – Possession Is 9/10ths Of The Law | Gray Reed & McGraw, P.C. - JDSupra



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A Domain Name is Property, A Domain Name is Not Property

A Domain Name is Property. A Domain Name is Not Property. | Field Law - JDSupra



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ICANN warned by the European Commission

The European Commission sees how far ICANN has strayed from serving in the public interest -- excerpt below of the European Commission comment (go to link below to read full comment) --

ICANN Email Archives: [comments-new-gtld-auction-rules-16dec13]: "We are deeply concerned about the implications that the Auction Rules in the gTLD program may have for the protection of public policy interests, competition, openness and innovation. As a general principle, ICANN should implement Auction Rules that are consistent with its Bylaws, its non-for profit status, the objectives of the new gTLD Program and the Applicant Guidebook to promote competition, diversity, innovation and consumer choice. As expressed in several comments already submitted during the comment period, the current Auction Rules are advantageous for portfolio applicants rather than for small, innovative and community applicants, which is at odds with the “diversity and innovation” policy that ICANN seeks to promote. It would be desirable to give these applicants a more even playing field when they come up against larger portfolio holders in the contention process. Also, ICANN's auction rules has not yet proven convincing to the community and deserves being revisited in light of the input received."

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Domain Name Squatting, Bad Faith Intent, ACPA

Domain Name Squatting to Gain Leverage Can Trigger "Bad Faith Intent" in an ACPA Claim | Holland & Knight LLP - JDSupra:



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ICANN response to Andruff, Cade, ALAC, Greenberg, Leibovitch

In its typical (curt and arrogant) fashion, ICANN has blown off the letter sent to ICANN by Ron Andruff, Marilyn Cade, Olivier Crépin-Leblond (on behalf of the ALAC Leadership Team), Alan Greenberg, and Evan Leibovitch. You can find the report of the original letter here: expVC | expvc.com | domain name news: ICANN chastised by Ron Andruff, Marilyn Cade, Olivier Crépin-Leblond, Alan Greenberg, and Evan Leibovitch .

ICANN's response can be found here: http://www.icann.org/en/news/correspondence/chalaby-to-andruff-et-al-20feb14-en.pdf

ICANN response excerpt:

" . . . As you are aware, the ICANN Board’s New gTLD Program Committee (NGPC) considered the GAC Category 1 Safeguard Advice at its meeting on 5 February 2014. As part of its deliberations, the NGPC considered applicant responses to GAC Advice as well as input from the community, including your Policy Advisory Board model proposal. The NGPC ultimately adopted a resolution adopting the GAC Advice, available at (http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-05feb14-en.htm#1.a), along with the implementation framework (http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-annex-2-05feb14-en.pdf). In its final actions on the GAC Advice, and after having considered the GAC Advice and community input, the NGPC did not adopt your Policy Advisory Board model proposal. . . ."

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Defamation and the Anti-Slapp Statute

Weekly Law Resume - January 2014: Torts – Defamation and the Anti-Slapp Statute | Low, Ball & Lynch - JDSupra:



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Domain Name Typo-squatting

Germany: More detail around claims against “typo-squatting”? | DLA Piper - Sports, Media and Entertainment - JDSupra:



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Overstock Decision, Sellers of Consumer Products and Services

Overstock Under Scrutiny: Does This Recent Decision Represent a New Wave of California Litigation for Sellers of Consumer Products and Services? | Dorsey & Whitney LLP - JDSupra:



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Generic Domain Names, Trademarks, Aesthetic Functionality Defense

Crimes of the Heart: A Trademark Valentine To Betty Boop | Foley Hoag LLP - Trademark, Copyright & Unfair Competition - JDSupra: " . . . Professor McCarthy argues that the doctrine applied literally could “negate[] protection for all trademarks.” McCarthy also asserts that the doctrine is unnecessary: in the case of the candy box, for example, the heart shape is generic and therefore not enforceable as a trademark in the first place, so we don’t need a confusing new doctrine to get to the right result. By 2006, even though the doctrine arguably had been endorsed in at least one Supreme Court opinion . . . ."

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ICANN chastised by Ron Andruff, Marilyn Cade, Olivier Crépin-Leblond, Alan Greenberg, and Evan Leibovitch

Think ICANN (the Internet Corporation for Assigned Names and Numbers)  is operating in the public interest with transparency and accountability? Read the full letter at the link below (excerpts follow) --

Letter from Ron Andruff, Marilyn Cade, Olivier Crépin-Leblond, Alan Greenberg, and Evan Leibovitch to Cherine Chalaby | ICANN: "Letter from Ron Andruff, Marilyn Cade, Olivier Crépin-Leblond, Alan Greenberg, and Evan Leibovitch to Cherine Chalaby" Full copy of correspondence (pdf): http://www.icann.org/en/news/correspondence/andruff-et-al-to-chalaby-14feb14-en.pdf

Excerpts:

"....We echo the disappointment expressed widely within our communities that management and staff of ICANN’s new gTLD division do not believe that a public comment period on the PAB model is warranted. Protection of the public interest is inherent in ICANN’s mission and should not be subordinated to business concerns. ICANN committed in Section 3(a) of the Affirmation of Commitments (AOC)(http://www.icann.org/en/about/agreements/aoc/affirmation-of-commitments-30sep09-en.htm) to “ensure that decisions made related to the global technical coordination of the DNS are made in the public interest and are accountable and transparent”. Similar commitments to the public interest appear in Sections 4, 8(c), and 9.1 of the AOC....

"It is regrettable that the delayed posting of these documents meant that we were not able to correct some apparent mistakes, or misunderstandings. The topic of timely posting of staff materials remains a community wide concern, as having significant gaps and delays in providing information to the community on staff prepared briefing documents is inimical to transparency and accountability. We do not believe that staff accurately portrayed our presentation of the PAB model in oral remarks that stated that “the model represents a departure from the role of the registry operator as contemplated in the Applicant Guidebook and Registry Agreement”, or in the provision of background materials that selectively presented certain aspects of the initial PAB model rather than containing the complete five-page letter sent to you on September 25, 2013 (http://www.icann.org/en/news/correspondence/andruff-to-chalaby-25sep13-en.pdf)....

"We also believe that ICANN should minimize any new monitoring or enforcement burden placed on public authorities, particularly at a time of strained governmental resources. ICANN has adequate financial resources to fulfill such inherent obligations given the large sums it has collected in new gTLD application fees....

"At a time when ICANN’s accountability and commitment to the public interest are being strongly challenged, effective measures that protect the public interest in regulated strings should be viewed as a foundation to credible defense of the multistakeholder model. The inadequacies of the proposed NGPC adopted measures to prevent widespread consumer deception through through new gTLD domains will be extremely harmful to ICANN’s credibility and reputation...." (emphasis added)

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Entrepreneurs, Startups, Domain Names

Here's a short read for entrepreneurs/startups looking to buy a domain name (excerpt below, go to link to read full article):

A Few Data Points on Domain Name Prices | David Cummings on Startups: "Entrepreneurs that have been in the software world since the dot com days love a good domain. Now, we’re seeing more .co and .io domains but .com domains are still the the most sought-after and most expensive. Over the years, I’ve purchased several domains at auction and helped other entrepreneurs acquire domains. Here are domains I’ve purchased or been an angel investor in the startup at time of domain purchase along with their price . . ."

Bottom line: if your optimal NameDotCom (or preferred domain name alternatives) is "not available" for registrartion at a registrar -- No Problem -- your domain name of choice may still be available! Go to the whois to find owner and make offer, or find a domain broker or domain name consultant to help you, or look at NameJet, Sedo, Afternic, Domain Name Sales and other sources to find and buy your domain name. And don't listen to the noise and misinformation--there are still plenty of good dot com names available, many at very reasonable prices!

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ICANN Strategy Panel on Public Responsibility Framework Webinar

Details from Notice on the ICANN website:

WEBINAR: ICANN Strategy Panel on Public Responsibility Framework | ICANN: " . . . Join the Strategy Panel on the Public Responsibility Framework for an update and interactive discussion. Date: Monday, 17 February 2014 - Times:  12:00-13:00 UTC (time converter: http://goo.gl/TiF9kh);19:00-20:00 UTC (time converter: http://goo.gl/J4jP5Y)

"  . . . . an update on the activities of the Strategy Panel on Public Responsibility Framework. The work of the ICANN Strategy Panels will inform ICANN's new, overarching vision and five-year strategic plan. As it prepares to offer its advice to the ICANN President and CEO, the Public Responsibility Framework Strategy Panel wishes to walk you through the work it has undertaken and to seek your input on the preliminary set of conclusions it has reached. . .  . Webinar Details: The webinar will be run in an Adobe Connect room with a slide presentation along with a dial-in conference bridge for audio. The session will be conducted in English. Participants will be given the opportunity to offer comments and to ask questions during the Q&A section. During the course of the webinar, questions may be submitted using the chat function of Adobe Connect. If you cannot join the live session, the recording of the session will be made available shortly after the meeting. Please register via email to alice.jansen@icann.org by Sunday, 16 February 2014 – 23:59 UTC to receive the dial-in details. A reminder with log-in and dial-in details will be sent to you prior to the call." [go to ICANN website at first link above for more details]

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ICANN, Internet Governance, Change is Coming

Report: EU loses faith in U.S. ability to manage Internet | PCWorld http://t.co/2ncM9MTdql via @pcworld
— expVC (@expVCcom) February 12, 2014

Domain Mondo | domainmondo.com: EU Pushes to Globalize Internet Governance, Goodbye ICANN?: EU Pushes to Globalize Internet Governance - WSJ.com: "The European Commission, the EU's executive arm, will propose on Wednesday the adoption of "concrete and actionable steps" to globalize essential Web functions—including the assignment of so-called top-level domain names, such as ".com" or ".org"—that remain contractually linked to the U.S. government, according to a draft policy paper seen by The Wall Street Journal...."

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Internet Domain Name History Book

issuu.com/fedbooks/docs/nsibookissuu_091313_43181b0619b03f?e=0/6691049

NSI Book: Internet Domain Name History Book 

Names, Numbers, and Network Solutions

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CentralNic Appoints Glenn Hayward as CFO

Glenn Hayward moves from Nominet to CentralNic --

CentralNic Appoints Experienced Domain Name Executive As New CFO - Finance News - London South East: "Internet domain names company CentralNic Group PLC Monday said its has appointed Glenn Hayward as its Chief Financial Officer. In a statement, the company said Hayward has experience in the industry, joining from Nominet, the company responsible for the .uk internet domain...."

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ICANN Warning Brands About Domain Abuse With New gTLDs

ICANN: "Brands Are At Risk of Domain Abuse With New Top Level Domains."

ADVERTISERS: "That's exactly what we said when you, ICANN, started this!"

The slow moving train wreck known as ICANN, and its flooding the domain ecosystem with over 1000 new gTLDs (as compared to just 22 gTLDs working fine before ICANN decided to fatten its bank account, the public interest and internet fidelity be damned), has now gained speed since the actual rollout began -- read the following article (excerpt below):

Icann Warns Brands About Domain Abuse With Roll Out of Top Level Domains | Adweek: "Try to follow this. ICANN, the international organization that has begun to roll out hundreds of new generic top level domains over the objections of brands worried about domain abuse, is now warning brands that they are at risk of domain abuse. At the end of last month, the first of what will be hundreds of new domains (suffixes to the right of the dot in a url, like .guru, .photography) went live, adding to the more commonly-known domains like .com and .net. ICANN's solution to protecting trademarks in the new Internet domain universe is its Trademark Clearinghouse, a place where brands can register their exact names, but only their exact names, to prevent squatters and fraudsters from expropriating their brand identity on the Internet. The Trademark Clearinghouse is run by Deloitte and IBM, which get get paid if trademark and brand owners sign up. But companies apparently aren't rushing to pay the $150/year per domain fee to register each brand. . . ." (full article at link above)

It seems even "protection rackets" have their limits.

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Tim Berners-Lee on need to re-decentralise the web

Recommended read:

Tim Berners-Lee: we need to re-decentralise the web (Wired UK): " . . . The kind of balkanised web he spoke about, as typified by Brazil's home-soil servers argument or Iran's emerging intranet, is partially being driven by revelations of NSA and GCHQ mass surveillance. The distrust that it has brewed, from a political level right down to the threat of self-censorship among ordinary citizens, threatens an open web and is, said Berners-Lee, a greater threat than censorship. Knowing the NSA may be breaking commercial encryption services could result in the emergence of more networks like China's Great Firewall, to "protect" citizens. This is why we need a bit of anti-establishment push back, alluded to by Berners-Lee...." (read full article at link above)

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Cybercriminals, ICANN, new gTLDs, business victims

And as ICANN was warned, repeatedly, the fallout from ICANN's irresponsible, unneeded, and misguided new gTLDs program has begun --

British businesses fall victim to 'cybersquatters' amid domain name rollout - Telegraph: " . . . Over the next year, more than 1,000 new top level domains (TLDs) will come online, taking the number well beyond the 22 that are used today, such as .com, .net and .org. This has been hailed as one of the biggest changes to the Internet since its inception. However, new research reveals that some of the UK’s biggest companies are failing to protect their intellectual property, with many domain names relating to British brands already being bought up by third parties. . . ." (read more at link above)

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Domain Suspended or Deleted for Non-Response to Whois Inquiry

Domain name deletion, domain name suspension -- domain owner nightmare! A lot of potential for problems for domain name owners, here is the correct info from the source:

Domain Suspended or Deleted for Non-Response to Whois Inquiry | ICANN: "The 2013 Registrar Accreditation Agreement (RAA) requires ICANN-accredited registrars to comply with the Whois Accuracy Program Specification. This specification requires a registrar to take action when a registrant does not respond for over 15 calendar days to a registrar's inquiries regarding the accuracy of contact details or Whois data associated with the registration. The action can be to terminate or suspend the non-responsive registrant's domain name, or to place a lock on the domain name registration until the registrar is able to validate information provided by the registrant. These requirements only apply to registrars under the 2013 RAA. Registrars still under the 2001 or 2009 RAA do not have this requirement. To determine which RAA version applies to a registrar, visit the ICANN-Accredited Registrars page, which lists the RAA version for every registrar. If your domain name was suspended, terminated or locked, and you timely responded to a registrar's inquiry regarding the Whois data for the domain name, please submit a Whois Service Complaint Form."

Make sure your Whois info is correct and up to date.

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Dot Coms dominate over new gTLDs and all the others

How fast are NON .com #domains growing in popularity? pic.twitter.com/1akQyCsIaX
— Justin W Hall (@justinwhall) January 23, 2014

and if you looked at actual web traffic? Dot Com has even more dominance.

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Domains On The Brain, Domain Strategist Nadia Pessoa (video)

Episode 004: We've Got Domains On The Brain With Domain Strategist Nadia Pessoa from bizworkTV on Vimeo.

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