Blog results - found 176
The European Data Protection Board has responded to ICANN’s call for guidance to enable the development of a GDPR-compliant model for access to personal data processed in the context of WHOIS. However, the eight-page document largely takes a broad-brush approach to guidance, raising the prospect that a more conservative approach to WHOIS data publication will result.
Last week we reported on a session at the ICANN meeting in Panama, in which the Government Advisory Committee heard from rights holders who have faced significant enforcement challenges following the enactment of the European Union's General Data Protection Regulation. As the week went on, it became clear that those frustrations will continue for some time yet, despite government calls for urgent action.
At this week’s ICANN meeting in Panama, the Government Advisory Committee heard from rights holders who have faced significant enforcement challenges following the enactment of the GDPR. Among the concerns of brand owners are the difficulties in investigating potential infringement, the lack of response to legitimate data access requests and registers not engaging with the UDRP process.
An investigation from World Trademark Review has explored the evolving tactics of misleading and often malicious websites that pose as articles from well-known news outlets. Common trends include the use of cryptocurrency and Elon Musk to lure in users, with one expert telling us that tackling hoax articles targeting brands or public figures can feel like “a game of whack-a-mole”.
Last night ICANN published its draft Framework Elements for a Unified Access Model for Continued Access to Full WHOIS Data, which outlines how third parties may access non-public WHOIS data in the future. The document kicks off the effort to minimise the impact of the European Union’s General Data Protection Regulation on those with a legitimate interest in accessing WHOIS data but questions remain, not least over likely costs.
In this guest blog, Brian J Winterfeldt, principal of the Winterfeldt IP Group and president of ICANN’s Intellectual Property Constituency, and Phil Marano, senior associate at the Winterfeldt IP Group, identify five tools that can be utilised in the absence of public WHOIS data. Crucially, they also explain how rights holders can make their voices heard as the ICANN community seeks to formulate a longer term, GDPR compliant model for WHOIS access.
The European Union’s GDPR legislation, which came into force last Friday, has caused ongoing and significant concern around access to WHOIS data. To take the pulse of how brand protection service providers are dealing with the changes, and what it means for their customers, we spoke with three industry experts and the feedback to the regime was decidedly mixed.
After months of preparation and dire warnings of its impact, the European Union's General Data Protection Regulation (GDPR) became enforceable last Friday. On that same day, ICANN’s Temporary Specification for gTLD Registration Data became effective. However, as trademark professionals come to grips with what this all means for online policing, fears have been raised about future engagement with UDRP proceedings on the part of registries and registrars.
ICANN has published its Temporary Specification for gTLD Registration Data in a bid to ensure WHOIS compliance with the European Union's General Data Protection Regulation, while maintaining the existing WHOIS system to the greatest extent possible. Subject to further revision prior to a board vote, the model proposes the establishment of a mechanism to allow contact with domain name registrants while cloaking their identity.
Burberry targets Target, Google launches GDPR-ready WHOIS records and battle of the cat hotels: news round-up
In our latest round-up, we look at why Burberry is filing suit against discount retailer Target, Kenya’s president's warning about counterfeiting damage, how Google changing its WHOIS records in time for the upcoming GDPR enforcement date and much more.
Google’s ‘.app' TLD exited sunrise yesterday, with registrations powering past the 3,000 mark. While a majority of the world’s most valuable brands have registered their names in the string, a number of international powerhouses appear to have chosen not to.
One of the feature-length analysis articles in the latest issue of World Trademark Review focuses on the UDRP, concentrating on the debate over reverse domain name hijacking. Reflecting on the chasm that often exists between the domain and brand owner communities on this issue, the author calls for “a healthy and even-handed debate” over the future of the UDRP.
This week ICANN representatives met with the Article 29 Working Party (WP29), seeking clarity over the future of WHOIS in light of the GDPR. With the enforcement date of May 25 fast approaching and registries rolling out different policies in a bid to be compliant, the US government and INTA have expanded on their concerns with the WP29 guidance with the latter warning that “a WHOIS blackout on May 25 will result in a field day for bad actors to purchase and misuse domain names at the public’s expense”.
Preparing for the next round of new gTLDs: ICANN insider reveals key issues brand owners need to be aware of
World Trademark Review sits down with Jeff Neuman, co-chair of ICANN’s Subsequent Procedures Working Group and SVP for Com Laude for the USA. With the former’s initial report imminent, he confirms that the recommendation will be that the next new gTLDs application window be formatted as a “round”, and identifies the key issues that brand owners need to be alive to.
In this guest blog, Brian J Winterfeldt, principal of the Winterfeldt IP Group and president of ICANN’s Intellectual Property Constituency, provides an update on discussions at the recent ICANN meeting in San Juan, at which the spectre of a WHOIS blackout loomed large. It is a long read but an important one, in which he also outlines the practical actions that rights holders can and should take now in an effort to prevent the worst case scenario (if it isn’t already too late).
UDRP case filings at WIPO continued their upwards momentum, with 3,074 cases handled by its Arbitration and Mediation Centre in 2017. While the rise was less pronounced than in previous years, the figure sets a new record. Worryingly for rights holders, the number of domains covered in these filings rose at a much faster rate, hitting a historical high.
The death knell for bulk domain enquiries? Rights holders voice concern as ICANN reveals proposed WHOIS model
ICANN’s efforts to ensure that the WHOIS function complies with the General Data Protection Regulation have moved to the next stage, with details of its proposed convergence model emerging. However, IP experts have seized on gaps in the model, claiming that it could create significant roadblocks to effective enforcement efforts.
With the General Data Protection Regulation (GDPR) becoming enforceable on May 25 2018, all eyes are on its potential impact on rights holders’ access to accurate and reliable WHOIS data. One industry expert warns of the “absurd” policies that could result from incorrect analysis of the regulations adding that cybercriminals “anywhere in the world” could soon become the biggest fans of GDPR.
On World Trademark Review we have previously reported on the General Data Protection Regulation (GDPR) and its potential impact on rights holders’ access to accurate and reliable WHOIS data. In this guest blog, Brian J Winterfeldt, principal of the Winterfeldt IP Group and president of ICANN’s Intellectual Property Constituency, analyses the proposed models for compliance - one of which would effectively result in the WHOIS database as we know it today going dark.
The Internet Commerce Association has published a document making a series of recommended reforms for the Uniform Domain Name Dispute Resolution Policy (UDRP). The statement takes aim at the management of the process by existing providers, as well as the conduct of some panellists arguing that the emphasis on recruiting from the trademark bar is leading to imbalance in the system. In response, a World Intellectual Property Office spokesperson characterised this focus on the UDRP as “remarkable”, adding that it “betrays a clear misunderstanding of the actual mechanics of impartial and efficient ADR case management”.
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