Posts Tagged ‘domain name law’

ICANN Approves New GTLDs

Monday, June 20th, 2011

The ICANN Board meeting in Singapore, today approved the expansion of top level domain names.

The vote means that applicants may now seek to create their own domain name extension, for example .sport, .music and .bank.

In announcing the result of the vote, President and Chief Executive Officer of ICANN, Rod Beckstrom said:

ICANN has opened the Internet’s naming system to unleash the global human imagination. Today’s decision respects the rights of groups to create new Top Level Domains in any language or script. We hope this allows the domain name system to better serve all of mankind

The board vote was 13 vote for, 1 against, with 2 abstentions.

People or organisations wishing to create their own top level extension will need to comply with the Applicant Guide Book, which includes a requirement for the payment of a $185,000 application fee.

It is expected that there will be hot competition for generic extensions such as .food.

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ICANN Releases new GTLD Applicant Guidebook

Tuesday, April 19th, 2011

ICANN has released the eagerly awaited revised draft of the Applicant Guidebook for new GTLDs. This draft document has been released for public comment.

As part of its timeline for the launch of new GTLD domains, ICANN’s release of the Applicant Guidebook is a critical part of the process.

The development of the Guidebook has at times seen hot debate about the process for new GTLD applicants. The Guidebook is made up of 6 modules. The draft Guidebook is also accompanied by explanatory memorandum to assist in interpretation, with ICANN stating:

These memos were developed to document the latest position on these topics by taking into account the current thinking, discussions and public comments received. Each memo not only reflects GAC advice but also contains the reasoning and rationale on each of the relevant issues regarding the launch of the New gTLD Program and Applicant Guidebook.

ICANN plans to release the final version by 30 May 2011, prior to its 20 June 2011 extraordinary meeting.

A full copy of the draft Guidebook and explanatory memorandum is available here.

Lawyers and other domain industry participants are encouraged to make submissions on the draft documents.

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.au reaches 2 million domain names

Tuesday, March 8th, 2011

Domain Name regulator auDA and .au Registry operator Ausregistry today announced that Australia had 2 million .au domain names.

This is a historic achievement which places the .au domain space into the top ten domain name registrations internationally.

AusRegistry’s CEO Adrian Kinderis said:

“The .au domain has the highest penetration rate in the world for regulated namespaces with restricted eligibility when you take into account our population. The .au domain has become part of the fabric of doing business in Australia. We have seen continual strong growth in the namespace despite the global financial crisis and other market factors. .au is Australia’s domain namespace of choice and the only place to show that you are a trusted Australian,”.

Despite the massive growth in the number of domain name registrations, Australia remains one of the most regulated domain name spaces, putting it at odds with other jurisdictions such as Germany and the USA.

 

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Protect it or lose it!

Monday, January 24th, 2011

We have recently seen some high profile domain names that haven’t been renewed by registrants.

Much of the time domain names are not renewed because they are no longer required, but on occasion, the registrant contact email is not updated after an employee leaves a business or a business stops using an email address.

Recently, Bunnings forgot to renew hardware.com.au, which was quickly snapped up by Woolworths, presumably for use in their hardware business. In this case, the registrant email address was not valid, which is likely to be the reason that the domain name was not renewed.

The consequences of this may be catastrophic for a business, but it need not happen.

Here are some simple tips to avoid your domain name accidentally expiring:

  1. use generic email addresses as the registrant contact address, which forward emails to multiple people in an organisation;
  2. diarise the expiry date of your domains;
  3. maintain a consolidated intellectual property register which contains details of all of your valuable intellectual property such as domain names and trademarks;
  4. use an automatic renewal function – most registrars have this service available, just ask;

In almost all cases, simply following these tips will help you avoid expiry. Remember once a domain name expires it becomes available (after a grace period) for registration by anyone else including your competitors. Protect it or lose it!

Domain name lawyers like Cooper Mills are constantly helping clients recover domain names, but prevention is better than cure….

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Auction heightens the voltage on electricity.com.au

Friday, January 7th, 2011

We recently saw hardware.com.au snapped up by Bunnings rival Woolworths after they failed to renew the highly sought after domain, and today was SPI’s turn, failing to renew electricity.com.au which achieved a sale price of $31,000 at auction.

According to its website, SPI Electricity & Gas Australia, part of the large Singapore Power Group, operates the transmission networks for gas and electricity in Victoria, and boasts an electricity network of 6500km.

The successful bidder was Pacific Octane, an online media group who acquired electricity.com.au in spirited bidding today for $31,000.

Domain names are of critical importance to business both on and off line, and business needs to value and protect intellectual property rights.

Cooper Mills Director, IT and Domain Name Lawyer, Erhan Karabardak said that “Intellectual property, including its protection should be a critical part of any business strategy. This is even more important, as most businesses and consumers now carry on business not just in their local area, but globally via the internet.

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More Posts Coming Soon

Tuesday, December 7th, 2010

We have more IT Law, Domain Law and Telecommunications Law posts coming soon.

Watch this space.

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auDA Name Policy Panel

Monday, August 16th, 2010

Cooper Mills Director and Domain Name Lawyer Erhan Karabardak has been appointed to auDA’s 2010 Name Policy Panel.

The Panel, will among other things, review existing auDA regulation concerning domain name eligibility. Erhan was previously a member of the 2004 Names Policy Panel.

The issue of domain name eligibility is one of the more contention issues in the .au space.

The Panel is due to hold its first meeting on September 14, 2010.

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Chinese and .xxx domain names approved

Saturday, June 26th, 2010

The ICANN Board has just approved the release of new IDN ccTLD domain names, while at the same time allowing for the creation of the controversial .xxx domain names.

The IDN ccTLD domain names approved by ICANN are:

• CNNIC (China Internet Network Information Center)
• HKIRC (Hong Kong Internet Registration Corporation Limited)
• TWNIC (Taiwan Network Information Center).

Speaking during the ICANN 38 meeting, ICANN CEO Rod Beckstrom announced that:

One fifth of the world speaks Chinese and that means we just increased the potential online accessibility for roughly a billion people.

This announcement comes hot on the heels of the recent release of the Russian and Arabic IDN ccTLD, which we announced with great fanfare.

The contraversial .xxx domain was allowed to pass with ICANN saying:

The ICANN board also voted to allow the application for the controversial .XXX top-level domain (TLD) to move forward. The ICM registry applied for the .XXX sponsored top-level domain as a potential community site for the adult entertainment industry. The Board approved a detailed set of next steps for the application, including expedited due diligence, negotiations on a draft registry agreement, and consultation with ICANN’s Governmental Advisory Committee.

The .xxx domain was first mooted in 2000 as a dedicated domain for the Adult industry, but fierce debate from supporters and detractors has raged since then. In 2007 the ICANN Board rejected a proposal to progress the .xxx, but in more recent times members of the ICANN board have expressed support for it, which has resulted in its return as a prominent issue.

Members of the Adult industry had feared that while the .xxx is descriptive of their businesses, that mandatory use of this TLD would isolated Adult websites.

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Subway in foot long trouble

Thursday, June 3rd, 2010

Doctor’s Associates Inc, which operate and franchise Subway stores, is red faced after losing a domain name dispute over MySubwayRewards.com.

The recent decision is a set back for the sandwich chain as they may have lost the battle due to their lawyers failing to do their homework. The Panel held that Subway’s lawyers failed to provide enough evidence to prove that the website was confusingly similar to the SUBWAY trade marks. They provided no explanation or argument as to why the phrase “mysubwayrewards” in the domain name may be confused with the mark SUBWAY.

This seems like an easy enough thing to do right? But it appears that the lawyers got lazy and assumed that they already had the cat in the bag by identifying the name as confusing. They omitted to then take the necessary step of proving how and why.

The Panel highlighted that due to the fact that the word SUBWAY was bracketed between other words which could quite conceivably be used in combination to convey a meaning unassociated with the SUBWAY mark, it becomes necessary to sufficiently demonstrate identity or confusing similarity to the trademark at issue.

This is an example which shows why trademark and domain name owners should carefully select lawyers who understand the UDRP and auDRP processes, and who regularly undertake this type of work, like Cooper Mills Lawyers.

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Record domain name sales in Q1 of 2010

Wednesday, May 26th, 2010

A Sedo domain market study has confirmed a record sale of domain names in this year’s first quarter, in which close to 12 000 domain names were sold via the Sedo marketplace. These sales take the record for the highest selling quarter with an 18.6 percent increase from Q4 of 2009.

The Sedo study has indicated a swell in generic (gTLDs) and country code Top Lop Level Domains (ccTLDs). Sedo believes that the growth in the domain name market over the last quarter is due to an increase in market spending among larger corporations and the introduction of one and two-character domains and IDN domains that use a non-Roman script.

Closer to home, secondary domain markets have developed in the .au space with both Drop.com.au and Netfleet.com.au leading the way in sales which are achieving record prices. Drop.com.au shows domain sales as high as $18,000 for carparts.com.au while Netfleet achieved $6000 for graphicdesign.com.au.

Sedo is expecting a rise in sales to continue over 2010 as it believes that companies are starting to understand the critical role a domain name strategy plays in driving a successful marketing campaign.  Many large companies are investing heavily in branding and domain name sales. The study also highlights the importance for trademark owners to get in quickly and take action to protect brands.

Cooper Mills Director and Technology Lawyer Erhan Karabardak believes that the market will continue to grow and achieve higher prices, he says that:

With the end of the Global Financial Crisis, marketing budgets are increasing and companies are becoming more active with their online sales and marketing strategies which are key in the increasingly competitive market place.

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