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WIPO’s UDRP market share lead narrows

Kevin Murphy, April 13, 2010, Domain Policy

The number of UDRP cases filed with the National Arbitration Forum dipped slightly last year, according to NAF numbers released today.

The organization said it received 1,759 filings last year, compared to 1,770 in 2008. Only 1,333 of the cases were actually heard; the others were dropped or settled.

While that’s a decline for NAF, it’s not quite as steep as the almost 10% drop experienced by rival arbitrator WIPO over the same period.

That said, WIPO is still the primary choice of companies trying to enforce their trademarks in the domain name system, saying last month that it received 2,107 complaints in 2009.

It was also the year of big multi-domain cases for both outfits.

WIPO handed 1,542 domains to Inter-Continental Hotels in a single case, while NAF transferred a relatively modest 1,017 domains to ConsumerInfo.com.

Allstate cybersquatter gets away with it for a decade

Kevin Murphy, April 1, 2010, Domain Policy

Allstate Insurance Company, a US insurer with over $30 billion in revenues, has just won a UDRP claim over AllstateInsurance.com, almost 10 years after the domain was first registered.

The company has been using the Allstate trademark for almost 80 years, and is currently the second-largest insurance company in America.

AllstateInsurance.com, the exact match of its company name as well as a combination of its trademark and its primary line of business, was registered in November 2000.

It is currently registered to a Korean individual named Seung Bum; he fought the UDRP claim unsuccessfully.

After a brief period being used by an apparently genuine insurance firm, the domain has been parked with PPC ads for other insurance companies for the best part of the last decade.

The volume of type-in traffic over than period must have been substantial, and one can only speculate how much revenue was accumulated.

All of which begs the question: why on earth did Allstate wait 10 years to file a UDRP claim?

It seems that cybersquatting, at least in this case, pays.

UDRP claim pits .me against .me.uk

Kevin Murphy, March 29, 2010, Domain Policy

The owner of GuestList.me.uk has filed a UDRP claim against the registrant of GuestList.me.

As far as I can tell, this is the first UDRP case to directly pit a company built on a .me.uk brand against the registrant of the .me equivalent.

GuestList.me.uk is a London, UK-based nightclub promotions site that has been using its domain since 2003.

GuestList.me, which does not currently resolve, was registered through LCM.com’s privacy service on July 18, 2008, during the first 24 hours of .me general availability.

Given that LCM is a UK-based registrar, it seems plausible that GuestList.me’s registrant is also British.

It will be interesting to see which way this decision goes. There’s plenty of opportunity for precedent.

WIPO wants tougher cybersquatting rules on new gTLDs

Kevin Murphy, March 29, 2010, Domain Registries

The World Intellectual Property Organization reckons ICANN should toughen its stance against new gTLD registries that allow cybersquatting.

The “trademark post-delegation dispute resolution procedure” or Trademark PDDRP would let trademark holders try to suspend new TLDs and receive compensation when a registry allows cybersquatting.

WIPO wants the burden of proof on trademark holders relaxed, making it much easier to file complaints.

Currently, the draft process would require complainants to show registries’ “specific bad faith intent” to profit from cybersquatting.

WIPO thinks this should be broadened to include deliberate recklessness.

“In seeking to give meaning to ‘intent,’ the criteria should, without as such imposing or implying any sweeping registry policing duty, also encompass instances of willful blindness,” WIPO wrote.

The comments came in response to ICANN’s public comment period on the process, which closes on Thursday.

Cyber cop wants Whois privacy shake-up

Kevin Murphy, March 7, 2010, Domain Policy

Registrars should be made to police Whois so cops can take down illegal sites faster, even if domain name prices have to go up as a result, ICANN’s Government Advisory Committee has been told.

Speaking at the GAC hearing on new gTLDs in Nairobi this afternoon, Paul Hoare of the UK’s Serious and Organised Crime Agency called for (continue reading)