Newsletter. More UDRP (Uniform Domain Name Dispute- Resolution Policy) Cases at WIPO in 2016 than Issue 9 December 2016

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Newsletter Issue 9 December 2016 More UDRP (Uniform Domain Name Dispute- Resolution Policy) Cases at WIPO in 2016 than 2015 There is still well over a month remaining in 2016, and it looks like there are more UDRP filings this year at the World Intellectual Property Organization WIPO (World Intellectual Property Organization) than there were last year for gtld domain names (which includes.com,.net,.org, and the new extensions). WIPO is not the only UDRP provider, but it is the largest provider. IN THIS ISSUE: More UDRP Cases at WIPO in 2016 than 2015 Over 19,000.blog Domain Names Registered in First 24 Hours A Strange Thing is happening to Domain Names Suspended in URS Boeing s Fight Against Newborn Domain Names Facebook Files 101 Domain Name UDRP Verisign Gets Patent for Evaluating Typeability of Domain Names The highest case number in 2015 was WIPO Case D2015-2378. That UDRP was for the air-suspensionshop.com, and the UDRP was denied. In 2016, the current highest case is WIPO Case D2016-2392. The latest UDRP was for six new gtld domain names with the Michelin keyword in them. Looking through the case list links from the past several years, it looks like the highest was 2012. During that year, the highest case number was D2012-2549. The number of UDRP filings at WIPO will maybe set a record this year based on the current rate of filings. It is supposed that the biggest increase in UDRP filings has come from the new gtld domain names, especially extensions that are very inexpensive to buy. Every day it seems like there are new UDRP filings for domain names with the new extensions. Companies are willing to spend their fees on UDRP filings and lawyers, but didn t secure these domain names beforehand.

The trouble is that there is an endless supply of domain names to register, as evidenced by the huge.top UDRP Facebook filed. Someone could easily go out and buy Facebook-Instagram-Likes-888.Top and the process could start all over again. This isn t limited to the new extensions though, as someone could just as easily register those names in.com or an inexpensive cctld. There are quite a few new domain name registries pricing their domain names very inexpensively. Although there will be more UDRP filings this year, this doesn t take other UDRP providers into account. It is possible that UDRPs that may have been filed at other venues were filed with WIPO, skewing the numbers. Source: Domain Investing Over 19,000.blog Domain Names Registered in First 24 Hours Total with sunrise and landrush now tops 21,000. dot-blogthe.blog domain name is off to a pretty good start in terms of domain name registrations. 19,035 domain names were registered during the first 24 hours of general availability, the registry confirmed to Domain Name Wire. That makes a total of 21,115 registrations including sunrise and landrush. The numbers would be higher if the registry hadn t held back so many domain names, including all threeletter and shorter domain options..blog will might have steady growth once it s fully integrated into the WordPress.com blog creation path. Source: Domain Name Wire www.tag-domains.com 2

A Strange Thing is happening to Domain Names Suspended in URS Uniform Rapid Suspension (URS) was introduced as an alternative to Uniform Domain-Name Dispute-Resolution Policy (URDP) when new top level domain names were introduced. URS is a faster, cheaper version of UDRP. A big difference is what happens when a complainant wins. In the case of a URS, the domain name is merely suspended instead of being transferred to the complainant like it is in a UDRP. This has always seemed a bit silly to me. A company pays money to suspend a domain name, only to have it expire and drop at a later date, so anyone else can register it? All 50 domain names were suspended between March and June of 2014, which is very soon after new top level domain names were released in general availability. Where are these domain names now? Let s get the easy ones out of the way first. 14 of the domain names expired and now have Donuts DPML service which blocks them from registration. This makes sense; these first domain names were a wake-up call to brand owners that they need to have a new TLD strategy. Examples include IBM. guru, Accenture.ventures and Lufthansa.company. 10 domain names have expired and become available. Examples include Lipitor.guru, RipOffReport.link and VirginAustralia.holdings. 9 domain names were registered by the complainant after the registrations lapsed. Examples include Spanx.clothing, Telepizza. menu and Netflix.buzz. domain names were registered by another party after the domain expired. This doesn t necessarily mean a cybersquatter later registered the domain. For example, Watson.company was registered by someone whose last name is Watson. Here s where things get interesting. The most common thing that happened to these first 50 domains is that they were renewed. Twice. And they still show the original owner who lost the URS in Whois. The URS that suspended domain names remain suspended until the end of the current registration period. According to the URS rules, the complainant can then renew the domain name for one additional year by contacting the registry. (Yes, www.tag-domains.com 3

registry, not registrar. Who designed this policy?) This means that domain names suspended over two years ago shouldn t still be registered to the original registrant. One of people who lost URS cases responded that he hasn t renewed the domain name. It seems that the way URS works doesn t fit into any existing automated procedures. It s manual and requires a lot of human intervention, including when it comes time for renewal/ expiration. That human intervention can be a problem, especially when you re talking about the uncommon case of URS suspensions. In some cases, the domain name registrar might have overlooked a manual process, and in others the registry did. Of course, the complainants in these cases still win if the domain gets renewed while it s suspended. Their goal was merely to suspend the domain, not get ownership of it. Source: Domain Sherpa Boeing s Fight Against Newborn Domain Names Can flagging new domain names help stop the spread of malware? We all get emails with links that go to phishing and malware sites. There s one thing in common with most of the domains hosting this bad stuff: they were registered a short time ago. In fact, many malware networks are programmed to frequently register new domain names to keep one step ahead of blacklists. Boeing (NYSE:BA), a company that is certainly a target for malware attacks, has come up with a creative solution to weed out these potentially harmful links without relying on out-of-date URL blacklists*. In a patent application filed last year and published by the U.S. Patent and Trademark office, the company outlines a way to flag links in emails from what it calls newborn domains. Basically, a service will ping who to check the registration date of any domain names linked to within an email. If they are within a set timeframe, the email server could remediate risk by disabling the link, providing a warning to the recipient, or not delivering the email. *On the same day Boeing filed its patent application, Cisco filed one for detecting domain names registered as part of these systems. Source: Domain Name Wire www.tag-domains.com 4

Facebook Files 101 Domain Name UDRP Facebook has filed quite a large UDRP at the World Intellectual Property Organization (WIPO) against 101 domain names. The UDRP is WIPO Case D2016-2380 and the complainant is listed as Facebook, Inc. Instagram, LLC. Facebook acquired Instagram a few years ago. It looks like all of the domain names are in the.top extension, and it looks like the domain names either have Facebook, Instagram, or FB in them. I believe a UDRP on multiple domain names can only be filed if all of the domain names are owned by the same entity, so my guess is one entity registered them all. What is most interesting about this UDRP filing is that many of these names don t really make much sense. This means the company could win this UDRP proceeding and simply register a bunch of other domain names in a similar fashion to this. I get that the company is protecting its trademarks, but it seems like it could be never ending to keep going after these kinds of domain names. There isn t a solution about how to control the issue since registrars can t simply prohibit people from buying domain names with the letters FB in them, but it seems like the company could file UDRP proceedings every day and still have the same issue even if it always wins. Source: Domain Investing www.tag-domains.com 5

Oracle to Buy DynDNS Oracle has signed a deal to buy DNS services provider Dyn for an undisclosed amount. Oracle announced that it has signed an agreement to acquire Dyn, the cloud-based Internet performance and DNS provider. Dyn was recently in the news after it was hit by a large-scale internet attack in October that left dozens of popular websites unreachable for parts of the day. Thomas Kurian, President, Product Development, Oracle said: Oracle already offers enterprise-class IaaS and PaaS for companies building and running Internet applications and cloud services. Dyn s immensely scalable and global DNS is a critical core component and a natural extension to our cloud computing platform. Oracle said that the deal gives its clients access to unique Internet performance data that can help them optimize infrastructure costs and maximize revenue. Dyn claims that it works with companies to help their websites load faster. Kyle York, Chief Strategy Officer, Dyn said: Oracle cloud customers will have unique access to Internet performance information that will help them optimize infrastructure costs, maximize application and website-driven revenue, and manage risk. We are excited to join Oracle and bring even more value to our customers as part of Oracle s cloud computing platform. Source: Webhosting www.tag-domains.com 6

Verisign Gets Patent for Evaluating Typeability of Domain Names Patent describes ways to score domain names based on how easy it is to type them on different keyboards. The U.S. Patent and Trademark Office has granted patent number 9,195,316 to Verisign for Evaluating typeability of domain names. The patent describes a way of taking different inputs, namely the layout/type of keyboard, and then figuring out how easy it is to type a particular domain name. For example, a domain name might be easy to type due to where the letters are on a standard QWERTY laptop keyboard. Typeability might be different on an iphone keyboard and Blackberry. Typeability scores could be useful information for domain name registrants, especially as the web moves to mobile phones. Source: Domain Name Wire Please feel free to contact us at: info@tag-domains.com Tel.: +962 6 5100 900 ext.1625 Fax: +962 6 5100 901 www.tag-domains.com 7