Blog results - found 29
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.
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.
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.
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.
USPTO director makes first public comments, Louboutin dismisses media speculation, and ‘.com’ rises: news round-up
In our latest news round-up we look at the first public comments from the USPTO’s new director, the Japanese government’s partnership with Nigeria to tackle fakes, further details on trademarks after Brexit, and much more.
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”.
New research has revealed the significant security risk posed by domain name homograph attacks that utilise internationalised domain names to engage in phishing. Speaking to World Trademark Review, the author of the study has warned that not enough attention is being paid to the problem by brand owners and advised steps to minimise the risk of such attacks.
A law firm commissioned by the Internet Corporation for Assigned Names and Numbers to explore the impact of the General Data Protection Regulation on publicly available WHOIS data has recommended a temporary ‘layered access’ solution be adopted. While this will buy time to engage in further talks with authorities on the future of WHOIS, it notes that such a layered approach is problematic for rights holders seeking to process data to investigate IP infringements. In short, the protection of trademark rights looks set to become more burdensome.
At this week’s Internet Corporation for Assigned Names and Numbers meeting, representatives from e-commerce giant Amazon received a hostile reception from the Governmental Advisory Committee while seeking to reach a compromise over its stalled ‘.amazon’ generic top-level domain application. In a session on Monday afternoon, the company was told that it had blown an opportunity to reach a compromise and that allowing the application to proceed would open a “Pandora’s box”.
Amazon calls for end to ‘.amazon’ gTLD stand-off; demands prompt action to end dispute with governments
Amazon has called on the Internet Corporation for Assigned Names and Numbers (ICANN) to “immediately approve” its application for the ‘.amazon’ generic top-level domain, noting that prompt action is necessary because “there is no sovereign right under international or national law to the name ‘Amazon”’, with an Independent Review Process Panel having previously ruled that ICANN acted in a manner inconsistent with its bylaws when rejecting the company’s application. The move to end the stand-off over the string is one that all brands should monitor.
At this week’s ICANN meeting in South Africa, the impact and effectiveness of new gTLD rights protection mechanisms has taken centre stage, with one participant voicing concerns that some trademark owners are over-reaching in sunrise applications. The flipside, of course, is that many see the need to implement proactive defensive registrations across a range of strings. Now, a new study from INTA reveals that member registrations in new TLDs have been “overwhelmingly made for defensive purposes”.
ICANN report says “little benefit” in extending gTLD protection mechanisms, despite lack of trademark owner engagement
ICANN has released a draft report on the efficacy of the Trademark Clearinghouse and rights protection mechanisms that suggests that there is little evidence to support an expansion of rights protection mechanisms but the level of input from trademark owners may lead to questions over the findings’ usefulness in ICANN’s future policymaking.
Collaborate now, reduce litigation later: ICANN community urged to reach agreement on IP abuse provisions
In a letter to the Intellectual Property Constituency, ICANN has clarified that, while it will act to ensure that required contractual provisions related to abusive behaviour are included in registry-registrar agreements, its obligation to take action on IP infringing activity ends there. However, World Trademark Review has been told that the issue is “far from resolved”, with the hope that “fruitful” community collaboration will result in a satisfactory outcome.
This week, ICANN opened a 30-day public comment period seeking feedback on whether particular requirements should be imposed on closed generic gTLD applications. The call for comment was issued following increased concern over the potential for companies to gain significant market advantage through closed gTLDs.
As the new gTLD application window closes tonight, ICANN has confirmed when applied-for gTLDs will be announced. The new reveal date will be June 13. While observers will be pleased to know that they will finally be getting to hear who has applied for what, applicants and other stakeholders still face uncertainty over the timescale of the rest of the process.
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