Ninth Circuit says Anticybersquatting Act was Separated at Birth from Lanham Act On December 4th the Ninth Circuit Court of Appeals issued a decision that will reverberate for years to come in cybersquatting cases brought under the Anticybersquatting Consumer Protection Act (ACPA). While the Court’s declaration that “the ACPA does not provide a cause of action for contributory cybersquatting” is important in itse...
Internet Commerce Association - Saturday, December 7, 2013 - 14:1
Internet Commerce Association - Friday, November 29, 2013 - 15:7
ICA on the Record at ICANN Buenos Aires The following remarks were delivered to ICANN’s Board and senior staff by ICA Counsel Philip Corwin during the Public Forum ( held on the afternoon of Thursday, November 21st at the 48th ICANN meeting in Buenos Aires, Argentina:
Internet Commerce Association - Sunday, November 24, 2013 - 10:18
Internet Commerce Association - Sunday, November 17, 2013 - 16:4
ICANN Needs to Distinguish Exact Matches from Acronyms in IGO/INGO Protections Did you have any idea that registering idea.gifts might be a prohibited activity because some people think it’s more likely to be acquired by those seeking to mimic the International Development Association than by a new business start-up serving those Internet users searching for birthday gift ideas? Do you believe someone is more l...
Internet Commerce Association - Sunday, October 13, 2013 - 14:57
ICANN Adopts Flawed Trademark Notice The ICANN Public Comment process can be severely frustrating and unsatisfying, as proven once again by ICANN’s September 30th publication of final Rights Protection Mechanisms (RPMs) for new gTLD registries, just twelve days after the September 18th deadline for submitting written comments. The final RPMs include a completel...
Internet Commerce Association - Friday, October 4, 2013 - 14:37
Business Constituency Raises Concerns Regarding ICANN’s UDRP Status Report ICANN’s Business Constituency (BC) has sent a letter to ICANN’s CEO and Board Chairman expressing multiple concerns about the “UDRP Providers and Uniformity of Process – Status Report” issued by ICANN on July 19th, the day after the mid-year meeting in Durban concluded. The Report was issued without advance notice or opportunity f...
Internet Commerce Association - Friday, September 27, 2013 - 17:31
INTA, It’s An Honor I generally write these posts in the third person because I am speaking for the ICA’s membership. But today I’m going to depart from that style and speak personally.
Yesterday I received word that my application to become a member of the Internet Committee of the International Trademark Association had been approved, and that my two-...
Internet Commerce Association - Tuesday, September 24, 2013 - 15:2
CADNA and BBB Roll Out FUD Campaign to SOPA-Size ACPA
Using the impending launch of new gTLDs as a rationale, The Coalition Against Domain Name Abuse (CADNA) has teamed up with the Council of Better Business Bureaus (BBB) to launch a month-long “‘Know Your Net’ gTLD public awareness campaign”. Their goal is to enact amendments to the U.S. Anti-Cybersquatting Consumer Protectio...
Internet Commerce Association - Saturday, September 21, 2013 - 12:10
Internet Commerce Association - Wednesday, September 18, 2013 - 13:44
URS is MIA in ICANN Board Renewals of .Biz, .Info, and .Org Contracts During its August 22nd meeting the ICANN Board approved renewal of the registry agreements for the incumbent .Biz, .Info, and .Org gTLD registries. All three contracts were adopted in the identical form to the drafts published for public comment earlier this year.
In taking that action the Board did not adopt the suggestion of ICA...
Internet Commerce Association - Wednesday, August 28, 2013 - 11:37
For the .Info of the IPC, URS Requires a PDP ICANN’s Board meets today, and included on its Consent Agenda is approval of the revised registry contracts for .Biz, .Info, and .Org. ICA saw nothing in the proposed revisions to warrant comment – until we recently became aware that the Intellectual Property Constituency (IPC) had made the immodest suggestion that all three agreemen...
Internet Commerce Association - Thursday, August 22, 2013 - 10:55
ICANN’s String Confusion Objection Process Gets Very Confusing
There’s an old joke that only two economists in the entire world actually know what they are talking about – and that they disagree! Apparently something similar holds true for ICANN string confusion experts. Except rather than being asked to prescribe the best policy mix or project the future performance of highly complex eco...
Internet Commerce Association - Tuesday, August 20, 2013 - 20:3
LRO Looks DOA The Legal Rights Objection (LRO) mechanism administered by the World Intellectual Property Organization (WIPO) on behalf of ICANN is starting to look like the reverse FISA Court of domain name system (DNS) rights protection mechanisms (RPMs) at the top level. In FISA Court, the government always wins – at WIPO, the LRO complainant al...
Internet Commerce Association - Sunday, August 4, 2013 - 17:54
NTIA Caught Between a Congressional Rock and a Hard Place GAC On July 18th the Senate Appropriations Committee issued Report 113–78 on S. 1329, the “DEPARTMENTS OF COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 2014”. The Report contains language that is harshly critical of the role played by the National Telecommunications and Information Agency (NTIA) within ICAN...
Internet Commerce Association - Sunday, July 28, 2013 - 15:3
Internet Commerce Association - Thursday, July 18, 2013 - 10:39
ICANN in Breach of URS Contract Commitment
To our shock and dismay, ICANN staff today stated in Durban that it is not developing a standard and enforceable contract for Uniform Rapid Suspension (URS) arbitration dispute providers, going back on its written statement of April that it was doing precisely that.
Internet Commerce Association - Wednesday, July 17, 2013 - 12:22
Internet Commerce Association - Tuesday, July 16, 2013 - 9:11
Difficult Durban Dialogue between GAC and NGPC Durban is a lovely beach city on the Indian Ocean with idyllic winter weather, but you might as well be on Mars if you’re ensconced in the vast windowless meeting rooms of its International Conference Center. That’s where ICANN’s Governmental Advisory Committee (GAC) spent a good part of Saturday, July 13th, engaged in a dialogue wit...
Internet Commerce Association - Monday, July 15, 2013 - 13:1
ICANN Downgrades Registrants’ “Rights” to “Benefits” We got pretty excited recently when ICANN CEO Fadi Chehade said that registrants were ICANN’s primary customer – but we must now curb our enthusiasm in light of the final treatment of registrants’ rights in the newly approved Registrar Accreditation Agreement (RAA).
Internet Commerce Association - Tuesday, July 9, 2013 - 21:43