31 May 2013

Hyphenated Domain Name for Your Website?

Good advice--

Never Use a Hyphenated Domain Name for Your Website | Bill Hartzer: "  . . . From now on, I am not recommending use of a keyword rich hyphenated domain name for a website, you’ll end up being out-ranked just about every time if you try to rank well for that main keyword. I say “just about every time” only because I know there are going to be exceptions to every rule. . . ." (read more at link above)

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30 May 2013

Ron Paul case -- "don't look a gift horse in the mouth"

Respondent has requested, based on the evidence presented, that the Panel make a finding of Reverse Domain Name Hijacking. In view of the unique facts of this case, in which the evidence demonstrates that Respondent offered to give the Domain Name ronpaul.org to Complainant for no charge, with no strings attached, the Panel is inclined to agree. Instead of accepting the Domain Name, Complainant brought this proceeding. A finding of Reverse Domain Name Hijacking seems to this Panel to be appropriate in the circumstances.
Breaking: Ron Paul found guilty of reverse domain name hijacking - Domain Name Wire: ". . . Paul did not prove a lack of rights or legitimate interest in the domain by the respondent. As a result, the panel ruled the domain name should remain with its current owner. A UDRP arbitration panel will find so-called reverse domain name hijacking when it believes that a case was filed in bad faith in abuse of the administrative proceedings. Both cases have a number of unique circumstances and conclusions, and show the convoluted ownership trail for the domains. They’re worth reading. There is no financial penalty for reverse domain name hijacking in a UDRP domain dispute." 

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29 May 2013

Dot Com vs Everything Else

Why Branding Commodities Matters to Your Ecommerce Website | Get Elastic Ecommerce Blog: "I asked Brad about his thoughts on Overstock’s domain rebranding, from Overstock.com to O.co – a $350,000 strategy intended to distance the pure-play from just overstocked items but failed to resonate with customers. Brad advises against veering from the very obvious (conventional .com and country-level TLDs) to unconventional extensions like .co, .net and .info (sorry ICANN). Web users simply think in terms of dot-coms, it’s very difficult to establish domain recognition with any other extension."

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28 May 2013

Branding - Why dot-coms are (and will continue to be) preferred

Why Branding Commodities Matters to Your Ecommerce Website | Get Elastic Ecommerce Blog"I asked Brad about his thoughts on Overstock’s domain rebranding, from Overstock.com to O.co – a $350,000 strategy intended to distance the pure-play from just overstocked items but failed to resonate with customers. Brad advises against veering from the very obvious (conventional .com and country-level TLDs) to unconventional extensions like .co, .net and .info (sorry ICANN). Web users simply think in terms of dot-coms, it’s very difficult to establish domain recognition with any other extension."

5 ways brands should be using gTLDs - iMediaConnection.com: "More than 70 percent of the entire internet domain name system we use every day is currently hosted in the .com space, making it one of the most familiar generic top-level domains (gTLDs) for companies and consumer . . ."

Did Google Just Kill Off Selling SubDomains? | TheDomains.com"Launching soon is a change to this to show less from the same domain, even on subsequent pages, after you’ve already seen about four results from the same domain for that query.” It appears this is VERY bad news for those trying to sell or those who have bought subdomains. Chicago.com has been very active and successful in the sale of subdomains, CentralNic has sold a ton of third level domains and more domain owners like Criminallaw.com have hopped on the subdomain sale train. The sale of  subdomains are going to compete with the sale of New gTLD’s domains. Google applied for over 100 new gTLD domain names. I’m not saying the two are related but then again Google just increased the search value of new gTLD’s and devalued subdomains."

Art.SY Startup Now Artsy.net: "Interestingly, Artsy.com is a parked domain name that is listed for sale at DomainBrokers.com. I would assume the price of Artsy.com is now much higher than it would have been had the company acquired it when it was first launched. While a company’s domain name may not be as important as the product or service it offers, its success may make the most desirable domain name very expensive to acquire."

"URL theft by a partner or co-owner is perhaps the most common example of domain name theft. Domain names stolen in this fashion account for about 25% of the calls and emails we receive in the domain theft area." July 2013 marks the second anniversary of the first known criminal conviction of a domain thief in the United States, New Jersey resident Daniel Goncalves was sentenced in 2011 to five years in prison for stealing the domain name P2P.com from Internet entrepreneurs Marc Ostrofsky, Albert Angel and Lesli Angel and selling it on eBay.com for more than $110,000. . . ." Read more: http://www.digitaljournal.com/pr/1229630#ixzz2SeyyBSlZ

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27 May 2013

Why You Should Register the Domain Name Before Public Announcements

Why You Should Register the Domain Name Before Publicly Announcing the Marketing Phrase | InfoLawGroup: "Here’s a case that shows how with just a couple minutes’ effort and a only a few dollars, marketing professionals can prevent loads of trouble and expense for their organizations down the road. Plaintiff, a local government-run tourism bureau, announced at a public meeting that it had come up with a marketing phrase (“Visit Michigan City LaPorte”) to promote local commerce. An employee of one of the businesses attending the meeting went home and registered the phrase as a domain name, and had it redirect to the company’s website."

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26 May 2013

New Trademark Clearinghouse - what good is it?

Since neither recordation with the Clearinghouse nor any other ICANN procedure actually stops registration of a domain name which matches a recorded trademark, reaction by trademark owners to the Clearinghouse has been mixed (source infra)--

The New Generic Top-Level Domains and the New Trademark Clearinghouse ...
The National Law Review
 . . . .There is no mechanism in place which will automatically prevent the registration of a domain name matching a recorded trademark. Thus, although someone seeking to register a domain name which matches a recorded trademark may be notified about the existence of the recorded mark, that someone may still register that domain. ...(read more at link above)
Domain Due Diligence: Previous Marketing - Elliot's Blog
Elliot's Blog (blog)
Before buying a domain name, it's a given that you need to do your due diligence for a variety of reasons. The primary issue I want to discuss today is previous marketing attempts for the domain name. In my opinion, there are two reasons you will want ...

Google's Matt Cutts: Domain Clustering To Change Again; Fewer Results From ...
Search Engine Land
Matt said that Google is launching “soon” a new change that will make it less likely to see results from the same domain name, if you already have been shown that domain name in previous results three or four times before. Matt explained that once you ...

The Order: 1886 Commanding a Place on the PlayStation 4
Push Square
Sony's mysterious project The Order: 1886 – which first appeared in a trademark submitted by SCEE earlier in the year – has surfaced once again as part of a slew of domain name registrations. Notorious sleuth Superannuation picked up on website ...

Swedish domain admin comes out against Piratebay.se seizure
"We have an educational task ahead of us in explaining to the District Court what a domain nameis, what .SE does and the fundamentally incorrect nature behind seizing a domain name forever," Aerts said. In anticipation of the seizure of its .se ...

ICANN expects 646 new TLD applications to be withdrawn - Domain ...
By Andrew Allemann
ICANN forecasts 646 applications will be withdrawn, mostly after the initial evaluation period. 66 applications for new top level domain names have been.
Domain Name Wire

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24 May 2013

National Arbitration Forum Prepares for Uniform Rapid Suspension System

While the UDRP applies to domain names registered in new or existing gTLDs, the URS will only apply to domains registered in new gTLDs as well as select country-code TLDs that elect to adopt it. (source infra)

National Arbitration Forum Prepares for Uniform Rapid Suspension System as 2012 UDRP Filings Hold Steady - WSJ.com: "". . . . We were thrilled to be announced as the first URS Provider," said Kristine Dorrain, National Arbitration Forum's Director of Internet and IP Services. "We believe our years of experience handling tens of thousands of UDRP cases, along with our commitment to utilization of technology and fair decision-making, contributed to our selection. We've been working hard to build and enhance the online filing and case management technologies to ensure a fast, hassle-free URS." The URS was billed as cheaper and faster than the UDRP, which typically sees decisions in around 45 days at a price of approximately $1,300. The FORUM plans to offer the URS, which can obtain a suspension in around 20 days, for $375. The FORUM will be posting the Supplemental Rules, FAQs, and demonstrations at http://domains.adrforum.com, as they become available. . . ."

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23 May 2013

Common Law Trademark - Caveat Emptor to buyers of domain names

Caveat Emptor to buyers of domain names--are you buying a domain name already covered by a common law trademark? Stratfor Enterprises, LLC v. Leviticus Wilson . . .quoted in part below, is a good example of how to lose your domain name to a common law trademark holder . . .

WIPO Domain Name Decision: DCO2013-0001: " . . . The Complainant asserts common law trademark rights in STRATFOR in connection with a subscription based website providing geopolitical intelligence and guidance to its clients. The Complainant has used STRATFOR to designate its services for more than a decade . . . The Respondent registered the disputed domain name stratfor.co on or about December 21, 2012. The disputed domain name redirects Internet users to a webpage posting information on a December 2011, hacking of the Complainant’s computer systems, in which customer credit card and other information including email was stolen . . . . The Complainant submits that the disputed domain name is identical to its STRATFOR mark, in which the Complainant asserts common law rights. The Complainant maintains that the Respondent has no rights or legitimate interests in respect of the disputed domain name, because the Complainant has not authorized the Respondent to use the STRATFOR mark, and as there is no evidence of the Respondent’s use or demonstrable preparations to use the disputed domain name in connection with a bona fide offering of goods or services. The Complainant contends that the Respondent’s objective in registering the disputed domain name was to damage and disrupt the Complainant’s business, operations, reputation and employee morale, tarnish the Complainant’s trademark, and mislead the Complainant’s customers. According to the Complainant, the Respondent intentionally has attempted to divert and attract Internet users to its website by creating a likelihood of confusion with the Complainant’s trademark and falsely suggesting an affiliation of the Respondent’s website with the Complainant’s “www.stratfor.com” website. For all of the foregoing reasons, the Complainant also submits that the Respondent registered and is using the disputed domain name in bad faith. . . . The Respondent did not reply to the Complainant’s contentions. . . .The Policy is addressed to resolving disputes concerning allegations of abusive domain name registration and use. Milwaukee Electric Tool Corporation v. Bay Verte Machinery, Inc. d/b/a The Power Tool Store, WIPO Case No. D2002-0774. Accordingly, the jurisdiction of this Panel is limited to providing a remedy in cases of “the abusive registration of domain names”, also known as “cybersquatting”.Weber-Stephen Products Co. v. Armitage Hardware, WIPO Case No. D2000-0187. See Final Report of the WIPO Internet Domain Name Process, April 30, 1999, paragraphs 169 and 170. Paragraph 15(a) of the Rules provides that the Panel shall decide a complaint on the basis of statements and documents submitted and in accordance with the Policy, the Rules and any other rules or principles of law that the Panel deems applicable. Paragraph 4(a) of the Policy requires that the complainant prove each of the following three elements to obtain a decision that a domain name should be either cancelled or transferred:

(i) The disputed domain name registered is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) The respondent has no rights or legitimate interests with respect to the disputed domain name; and

(iii) The disputed domain name has been registered and is being used in bad faith.

Cancellation or transfer of the domain name is the sole remedies provided to the complainant under the Policy, as set forth in paragraph 4(i).

Paragraph 4(b) of the Policy sets forth four situations under which the registration and use of a disputed domain name is deemed to be in bad faith, but does not limit a finding of bad faith to only these situations.

Paragraph 4(c) of the Policy in turn identifies three means through which a respondent may establish rights or legitimate interests in a disputed domain name. Although the complainant bears the ultimate burden of establishing all three elements of paragraph 4(a) of the Policy, UDRP panels have recognized that this could result in the often impossible task of proving a negative, requiring information that is primarily if not exclusively within the knowledge of the respondent. Thus, the consensus view is that paragraph 4(c) of the Policy shifts the burden of production to the respondent to come forward with evidence of a right or legitimate interest in the domain name, once the complainant has made a prima facie showing. See, e.g., Document Technologies, Inc. v. International Electronic Communications Inc., WIPO Case No. D2000-0270.

B. Identical or Confusingly Similar

The Panel initially addresses whether the Complainant has established trademark or service mark rights in STRATFOR. The term “trademark or service mark” as used in paragraph 4(a)(i) of the Policy encompasses both registered marks and common law marks. See, e.g., The British Broadcasting Corporation v. Jaime Renteria, WIPO Case No. D2000-0050; United Artists Theatre Circuit, Inc. v. Domains for Sale Inc., WIPO Case No. D2002-0005; and The Professional Golfers’ Association of America v. Golf Fitness Inc., a/k/a Golf Fitness Association, WIPO Case No. D2001-0218.

In the United States, common law rights in a trademark or service mark may be established by extensive or continuous use sufficient to identify particular goods or services as those of the trademark owner. See United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918). That is to say, the mark must be used such that a relevant segment of the public comes to recognize it as a symbol that distinguishes the Complainant’s goods and services from those of others. Based on evidence submitted by the Complainant attesting to the continuous and exclusive use of the distinctive term STRATFOR for more than 10 years as a designation of source for the Complainant’s services, including the sworn declaration of the Complainant’s marketing director, the Panel is persuaded that the Complainant has demonstrated common law trademark rights in STRATFOR.

Turning to the question of identity or confusing similarity, the Panel finds that the disputed domain name <stratfor.co> is identical to the Complainant’s STRATFOR mark. In considering this issue, the first element of the Policy stands essentially as a standing requirement.1 The threshold inquiry under the first element of the Policy is largely framed in terms of whether the trademark and the disputed domain name, when directly compared, are identical or confusingly similar. In this case, the disputed domain beyond question is identical to the Complainant’s STRATFOR mark for purposes of the Policy. . . ."

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22 May 2013

Thousands of new top level domains -- the coming nightmare

Will thousands of new top level domains change the internet? - Opinion - Al Jazeera English: "Protecting trademarks in the new domain space will increase costs - that will presumably be passed on to consumers."

Wasn't this the real intent of ICANN all along--full employment of lawyers, burdens on businesses, increased costs to consumers, marketplace confusion,  fraud, and worse?

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21 May 2013

Domain Name Lesson learned

Your domain name is in global marketplace--

Legal matters - NSW start-up ditches Business Insider name following US legal stoush: " . . . Business Ink initially hauled down its URL businessinsider.net in order to emphasise its local, rather than international, focus, but has now gone further by completely rebranding. . . “We got early advice saying to just rename ourselves and that has proved good advice . . . Cleary adds that start-ups need to be increasingly careful when choosing a business name. “We talk about world shrinking, but it has already shrunk,” he says. “Your search for a name needs to be global and you need to avoid similar names, because it’s just too hard to compete when it comes to hard cash.” . . .“You’ve got to be unique. That’s the challenge. Google or Amazon don’t have names that relate to what they do, but they have a strong brand name. Choose a name that you can really own.” read more at link above

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20 May 2013

Facebook has the best domain name strategy

Whatever else you may say about Facebook and its founder, Mark Zuckerberg, without a doubt Facebook has consistently had the best domain strategy of all Fortune 500 companies, as evidenced below:

1) the change in domain name from thefacebook.com to facebook.com early in its existence--the company dropped The from its name after purchasing the domain name facebook.com in 2005 for $200,000;

2) refusal to waste corporate assets on the new gTLDs program of ICANN--unlike Apple, Google, or Microsoft, Facebook refused to participate in the new gTLD program, knowing that dot com is and will continue to be king. Facebook has consistently shown focus and discipline in enhancing, and not diluting, its trademarked name and facebook.com domain name;

3) Vigilant protection of its trademark and domain name through legal action--here's one example--Facebook CyberSquatting Judgement: 105 Domains; 10 Domain Holders; $2.8 Million in Damages – Draft | TheDomains.com: "A federal court in California awarded Facebook $2.8 Million dollars under the Anticybersquatting Consumer Protection Act (ACPA) yesterday."

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19 May 2013

GoDaddy’s new CEO

GoDaddy’s new CEO wants to change the world, one domain name at a time | VentureBeat: "Irving’s goal is to make it as frictionless as possible for anyone to set up a business online. For a small monthly fee, people with no technical expertise can get a website up and running using GoDaddy’s suite of products and services. It offers simple drag-and-drop design tools, hundreds of themes and templates, integrations with popular business applications that support social media and customer engagement, and tools for making sites mobile-friendly. However, the tools are not as user-friendly or well-designed as they could be, and Irving has a massive undertaking ahead of him, both in terms of product development and marketing."

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18 May 2013

Domain Name Association

Domain Name Association One Step Closer to Reality: Associations Now: "Domain Name Association won’t be the sole trade group for the industry. The Brand Registry Group is also making plans to bring registries and registrars together in order “to create Internet environments built on trust.” read more at link above


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17 May 2013

Avaya Inc. Found Guilty Of Reverse Domain Name Hijacking

3 Strikes & Your Out: Avaya Inc. Found Guilty Of Reverse Domain Name Hijacking | TheDomains.com: "Avaya Inc. a company with 17,500 employees worldwide, was found Guilty of Reverse Domain Name Hijacking (RDNH) in its attempted theft of the domain name Avayo.net. The panel took into account two other losing UDRP decisions filed by the company, in making its finding of (RDNH) although those panels did not find RDNH. The story was first reported yesterday by onlinedomain.com, whose author Konstantinos Zournas represented the Domain Holder in the proceeding. Its good to see that a panel is finally looking not only at the track history of the domain holder but now is looking at the record of the Complainant as well . . . " read more at link above

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16 May 2013

Domain Name Valuations

Value is in the eye of the beholder--

Why I'm Not Going to Tell You How Much Your Domain Name is Worth: "There are many factors that contribute to the domain name’s selling price. Cost basis, need for liquidity, buyer’s interest, buyer’s funding, market conditions, keyword searches, and cost per click are just a few things that go into determining the value of a domain name. As you can see, the majority of those factors would be unknown to me, and it would be silly to think I can give a fair valuation, especially if that is being used to come up with an asking price. I am also not going to spend time doing research for someone else, when I have plenty of other things to do. . . . Some people get defensive, and by getting defensive, some people become offensive. Why would I want to become entangled in a long, fruitless discussion with absolutely nothing to gain? I don’t." read more at link above

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15 May 2013

Law firm's suit over similar domain name

Judge puts the brakes on law firm's suit over similar domain name, says bad faith not yet shown - ABA Journal: "A New York legal boutique known for its expertise in counterfeiting and cybersquatting cases is experiencing a frustrating delay in obtaining a relief against a Canadian computer programmer who they allege set up a website with a name almost identical to the law firm's. Although GIOCONDOLAW.com is easily confused with the Gioconda Law Group's own www.giocondalaw.com site, it hasn't yet been shown that programmer Arthur Wesley Kenzie acted in bad faith when establishing the website and email addresses similar to the firm's . . ." read more at link above

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14 May 2013

When you need a domain lawyer

Elliot Silver has some good advice (and names):

Why You Need a Good Domain Name Lawyer - Elliot's Blog
Elliot's Blog (blog)
Most people who invest in domain names probably hope that they never need to use the services of a good domain name lawyer. I think the perception may be that if you have to hire a lawyer for something, it probably means you did something bad or ...(read more at link above)

Domain Registrar Name.com Suffers Data Breach
If you've encountered online scams before, you know that any email that addresses you by name, continues into a form letter and gives you a link to change your password stinks to high heaven. Imagine, then, how surprised Name.com customers must have ...

Moniker.com and Name.com Respond to Hack Claims
Domain Name News
Wednesday DNN ran an article about a purported hack of several domain name registrars by HTP (Hack the Planet). While HTP claimed that the hosting company Linode.com was the intended target, the group also claimed they were able to hack in to ...

Legal essentials for doing business online | Online business - The Age
The Age
Your domain name is the web address you will be using to trade online (also called a URL, or uniform resource locator). This usually incorporates your business name in some way. If you buy adomain name or build your own website, it could take the form ...

A look at micro TLDs
Domain Name Wire
A recent news announcement from sponsor Universal Postal Union says that 30 counties have joined a steering committee for .post, but then says that only “several countries have registered for their own sponsored top-level domain name”. The Universal ...

Trademark Owners Should Record with ICANN's Trademark Clearinghouse
The National Law Review
On March 26, 2013, the Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization overseeing the Internet's domain name space, will begin to accept applications to record trademarks in the Trademark Clearinghouse (TMCH).

Tips On Selecting A Domain Name - Ananova
You know that choosing the perfect domain name for your website is crucial. You don't want to end up registering something that reflects poorly upon your ...

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13 May 2013

Domain Name Mistake #1

Not getting a dot com domain name--

Do You Make These 6 Domain Name Mistakes? : @ProBlogger: "Not getting a .com domain.The other mistake was choosing the .org domain. At the time legally entitled to use the .org domain as I was involved with a church and a leader of that community. It seemed appropriate as part of what I was doing with my first blog was related to that church but in time, my goals with the blog changed to become more commercial. Using the .org.au domain and running a commercial blog wasn’t really a good idea. It probably didn’t comply with the rules but it also wasn’t very good for my branding either." (read more at link above)

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12 May 2013

Gleneagles row over internet domain names

Gleneagles property investors in row over internet domain names | Dundee & Tayside | News | STV: "Ruling in favour of Mr Hunter, however, Dr Richardson said he had established goodwill and reputation in his domain name. He concluded that Mr Crozier "would have been well aware" of Mr Hunter and his website when he registered his own domain name. He found that, on the balance of probabilities, Mr Crozier had "specifically chosen to register the domain name to stop, or block, Mr Hunter from doing so" and to benefit from his reputation and goodwill by attracting to his own website browsers looking for Mr Hunter's." (read more at link above)

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11 May 2013

Startup Spending On A Domain Name

Should A Startup Spend VC Funding On A Domain Name? - Forbes: "It is important to pick the right domain name early, because the penalties for switching can be severe. First, any branding and SEO equity you built up under the old name are jeopardized. Second, purchasing a new domain and moving a site are expensive and time-consuming endeavors. Third, as Tom Treanor explains, “[C]hanging your marketing materials, email addresses, and online and offline references, and links to your old site is a long, painful, and costly process.” If it is impossible to acquire your desired domain name early on, we recommend registering a similar name (e.g. xyz.co instead of xyz.com, if and only if xyz.com is not currently being used) so that there is minimal confusion when you ultimately switch. . . ." read more at link above

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10 May 2013

Facebook wins

Courthouse News Service: " . . . Facebook had sued eight companies - including Cleanser Products, Counter Balance Enterprises and Intercontinental Domain - and four individuals for trademark infringement and breach of the Anticybersquatting Consumer Protection Act (ACPA), in 2011. The social networking giant sought injunctive relief that would give it control over numerous domain names that allegedly infringed on its marks, established in 2004. Looking at the 11 defendants that failed to formally appear in the action, U.S. District Judge Kandis Westmore recommended Wednesday that they turn over more than 100 domains and pay $2.8 million in damages. . . ." (read more at link above)

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09 May 2013

Update on ICANN’s New gTLD Program

Update on ICANN’s New gTLD Program | Morgan Lewis - JDSupra: " . . . Approximately 150 of these applications have passed ICANN's initial evaluation, and absent procedural and/or technical delays, these domain extensions should reach the marketplace sometime in late summer or fall 2013. Examples of gTLD strings that correspond with generic terms that will be available to the public, have been approved by ICANN, and appear to be on a fast track include .八卦 ("gossip" in simplified Chinese Han characters), .camera, and .menu. Applications for other generic terms (e.g., .app, .blog, .search, and .shop) that would not be available to the public are still being reviewed by ICANN and will be subject to additional scrutiny. The applicants for these "closed" extensions plan to use them within their organization and with certain permitted third parties. . ." read more at link above

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08 May 2013

ICANN trademark clearinghouse

ICANN's trademark clearinghouse| PCWorld: " . . . The trademark clearinghouse will include a so-called sunrise service that allows trademark holders to register their trademarks before a new TLD goes live.The clearinghouse will also include a trademark claims service, which will send warnings to people who try to register a website using a trademark owned by someone else. If that person still registers the website, ICANN will notify the trademark owner and the owner will have options for challenging the website registration. . . .

ICANN approves .shabaka top-level domain name | GulfNews.com: "“It is going to make it easier for users and index the data. It will simplify the process,” Abbas said. He said buying a website address is easy and not costly and many companies will opt for .shabaka. “.shabaka will be a game-changer for the Arabic community and It will open a channel to intuitively connect Arabic speakers to Arabic content and provide an end-to-end Arabic online experience,” Omer said. Brands will be able to apply for .shabaka domain names in the middle of this year. Now that *شبكة. * has passed ICANN’s evaluation process, she said, and added that there are only a few more policy, technical and regulatory steps to be completed before the namespace is opened live on the internet in mid 2013 for public registrations."

Thou shalt not steal? Christian college, alum battle over domain name | Fox News: ". . . . a Florida college’s lawsuit against a former student who has allegedly committed trademark infringement and cybersquatting for more than a decade after registering and maintaining a website critical of Pensacola Christian College. “Gage willfully infringed on PCC’s rights in the Pensacola Christian College mark by holding the domain name hostage, demanding that PCC pay him or a charity of his choice the sum of seventy-five thousand dollars in exchange for the transfer of the domain name,” according to the lawsuit filed on March 25 in the Florida Northern District Court.The website, pensacolachristiancollege.com, does provide a link to the official page of the 4,500-student college at pcci.edu, but continues to cause “irreparable injury” to the school, according to a lawsuit against graduate Peter Gage seeking $100,000 in damages. . . . " Read more: http://www.foxnews.com/us/2013/04/02/florida-college-sues-graduate-for-100g-in-alleged-cybersquatting/?test=latestnews#ixzz2PMmMhqaT

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07 May 2013

Amazon vs the Amazon

Amazon v the Amazon: internet retailer in domain name battle
The Guardian
The Seattle-based company has applied for its brand to be a top-level domain name(currently .com), but the South American governments argue this would prevent the use of this internet address for environmental protection, the promotion of indigenous ...

The Guardian

How Can You Change the Domain Name Without Affecting SEO
Business 2 Community
Are you wondering whether permanent modification of a URL or domain name affects search engine optimization? Well, yes it does affect the SEO as search engines respond differently to such changes. However, the damage can be substantially limited.

Business 2 Community

Network Solutions files domain privacy patent application
Domain Name Wire
Domain name registrar Network Solutions wants to patent various aspects of a domain privacy service, and has filed a patent application for “Private Domain Name Registration” with the U.S. Patent and Trademark Office. The application is technically a ...

ICANN announces opening of Istanbul office as part of globalization effort
The Internet Corporation for Assigned Names and Numbers coordinates the DNS (Domain NameSystem) and IP addresses, which are the cornerstones of the Internet. The announcement marks a significant step for ICANN as it prepares to spread its ...

The Pirate Bay Moves To Icelandic Domain After Being Hosted In Greenland ...
Huffington Post
According to reports, Pirate Bay founders feared the U.S. would seize its .org domain name. Although downloading torrents of albums, movies and software is illegal in Iceland -- as it is in the U.S. -- The Pirate Bay appears safe in the land of fire ...

APWG Report: Cybercriminals Perfect Mass Attacks on Server Farms to Mount ...
Fort Mills Times
Using this method, a phisher hacks into a web server that hosts a large number of domains – a “shared virtual server” – and plants phishing attacks on every domain name on the server. This allows the phisher to subvert hundreds or even thousands of Web ...

Moms.com sells for $252000 in Sedo Auction
Domain Name Wire
Moms.com domain name sells for $252,000 in monthly Great Domains auction. Sedo The headlinedomain name in this month's Great Domains auction at Sedo hit its reserve in extended bidding. Bidding for Moms.com jumped from $175,000 to $249,000 ...

Commercial Business Brand 1800Lending.com and 1-800-Lending Phoneword ...
DigitalJournal.com (press release)
Previously offered as part of a package with the ultra-premium domain name Lending.com for $6,000,000, the 1-800-LENDING business identity (which includes the matching 1800Lending.comdomain name, the 1-800-LENDING phone word and all ...

WagerWeb Changes
Net Newsledger
SAN JOSE -WagerWeb, one of the internet's leading sportsbooks and casinos, today announced that they will change their domain name from wagerweb.com towagerweb.ag in Spring of 2013. Following in the footsteps of other prominent gaming sites that ...

Net Newsledger

.ME Domain and Domain.com Join Forces for TechCrunch Disrupt New York
PR Web (press release)
ME Registry, operator of the .ME domain extension, announces the sponsorship of TechCrunch Disrupt New York and a joint exhibition with Domain.com, a global leader in domain nameregistration and web hosting solutions. Domain.com will be joining .

MetaTrader Programming Company CandleFOREX Makes Virtual Move - PRWeb
PR Web (press release)
New cyber location, same great MetaTrader programming service: CandleFOREX, an Arizona-based company that builds Expert Advisors and Indicators for the MetaTrader platform, today announces the launch of its new domain name. The company, which ...

Hilco to auction Bargain.com, ETM.com, other domains - Domain Name Wire
Bayoubuzz (subscription)
Hilco Streambank announced that it will auction off a number of domain names, including Bargain.com, next month through its online auction platform HilcoIPAuctions.com . Hilco is well known for auctioning of domain names related to defunct brands, but ...

Pirate Bay Finds Safe Haven in Iceland, Switches to .IS Domain ...
By Ernesto
It has been a busy month for The Pirate Bay's IT department thus far, with the site skipping fromdomain to domain. Two weeks ago the notorious BitTorrent site traded in its .SE domain for the Greenland-based .GL TLD. The Pirate Bay took this ... At the very least, Greenland has been exposed as a rather lawless country willing to violate property rights in the name of lobbyists and for the moment, the DMCA bots now have to file all the new DMCA take downs with the new domain, guess ...

Sedo's Greatdomains and Snapnames Dotster Auction Ending today ...
By Frank Michlick
Today two domain name auctions are ending - first the GreatDomains auction at Sedo then the Dotster Auction at SnapNames. Here are the domains and their.
Domain Name News (DNN)

South American countries battling Amazon over domain name | Fox ...
The governments of South American countries, including Brazil and Peru, are in a tussle with Amazon.com to see who will become the digital king of the jungle.

New Domain Name Association names interim board | DomainIncite ...
The formative Domain Name Association has started calling itself the Domain Name Association and is moving closer to a proper launch under the guidance of ...

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06 May 2013

Domain Names Business Basics

Reputable Registrar; Trademark clearance--- 

The Basics of Domain Names for Your Business | Entrepreneur.com: " . . . Paul McGrady, a trademark and domain name lawyer in Winston & Strawn LLP’s Chicago office about what business owners can do to keep their sites running smoothly, here's his advice: 1. Choose a registrar with good customer service.
Small businesses might not have their own IT departments and need help getting their sites up and running smoothly. Choosing a domain registrar with comprehensive customer service can help you resolve problems quickly, McGrady says. . . . 2. Be aware of others' trademark rights. Businesses should be careful when selecting a domain name not to use another business' trademark. The Anti-Cybersquatting Consumer Protection Act (ACPA) provides for damages ranging from $1,000 to $100,000 if a party registers a domain in bad faith with the intent to profit from a brand's goodwill. However, bad faith isn't required for trademark infringement. If another business' name is substantially similar to yours, you may face trademark issues. Conducting a search on the U.S. Patent and Trademark Office's website can alert you to federally protected trademarks, and a search of your state's trademark database (typically found on the Secretary of State's website) can alert you to marks registered in your state. . . . " Read more: http://www.entrepreneur.com/article/226216#ixzz2PN2HLaBY

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03 May 2013

Aereo vs FilmOn's Aero Use In Trademark dispute

Aereo Can't Block FilmOn's 'Aero' Use In Trademark Row - Law360: In chambers, U.S. District Judge Audrey B. Collins denied the ex parte application for a TRO without prejudice and without commenting on the matter. . . . FilmOn called the move for a TRO “drastic,” noting that the Aero mark has been in use in commerce in the U.S. since January 2011, and while FilmOn acquired the right to use the mark in early 2012, its rights are directly derived from the mark’s assigned owner and FilmOn collaborator Hauppauge Computer Works Inc. In contrast, Aereo was only launched in February 2012, according to FilmOn. . . .

500 Startups is now using AngelList to raise investment for its latest fund - The Next Web: "500 Startups is a big fan of AngelList, the social network-like platform for young businesses. Back in January, the US incubator and investor adopted AngelList as the sole platform for applications to its Spring 2013 batch, and now it is kicking things into another gear as it begins accepting investment for its Fund II via the service."

Yellowpages domain name ours: Telstra | The Australian: "TELSTRA says it won't back down from the fight for the right to establish the .yellowpages generic top-level-domain name. The carrier has applied to the world's peak internet names regulator, ICANN, for the right to use the domain in an effort to enhance its Yellow Pages online directories business. However, last week it was revealed that its application had been challenged by British directory business, Hibu."

In wake of gTLD security criticism, ICANN announces emergency back-up registry operators: " . . . If any registry should launch before the EBERO provider is ready to function as a back-up for gTLD domains, the continuity of operations risk could be measured in days, weeks, or even months, rather than the hours specified in the EBERO service level requirements in case of a registry failure or outage, Verisign said. . . ."

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01 May 2013

Internet Domain Name Pioneer Mike Mann Interview

Internet Domain Name Pioneer Mike Mann Talks About Secretive Field - Investors.com: " . . . tons of names on the auction block that I can buy, but the vast majority have no value. People put names (up for sale) on the auction block or try to monetize them with traffic, but with the vast majority, that does not happen; they are not monetized. IBD: You also offer people jobs to run a business using domain names you own. What's that about? Mann: It's an evolving business model. For example, we own Cashless.com. You take an ownership position and become the president and make a business out of this. I wrote a business plan for it, I'll finance it and my HR department and other people on my staff are involved with it. We provide a tremendous amount of detailed support and we have these best practices with a lot of information. I'm trying to inspire new businesses by selling these domains. We have the greatest best practices that we are leveraging across our companies and charities. Along with my book, it's all about promoting new entrepreneurship. . . ." Read More At Investor's Business Daily: http://news.investors.com/technology-tech-exec-qanda/040113-649918-interview-with-domain-name-pioneer-mike-mann.htm#ixzz2PMzVC39b

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