The MERGE Conference

The MERGE Conference

Been hard at work with the team at The Domain Conference making great things happen for MERGE in Orlando.

This is a great opportunity to work with the Neu family, Barbara is the heart of the conference industry, Howard who everyone in the industry loves and respects as one of the most amazing subject matter experts on domains, finance and legal matters, and Ray who is a visionary in emerging technology with strong security and innovation focus.

Check it out, we’re bringing together amazing speakers and a multitude of content and shows under a single ticket price, in lovely Orlando, Florida.

Video: Senate Committee on Commerce, Science, and Transportation on Internet regulation

I found a gem at The U.S. Senate Committee on Commerce, Science, and Transportation when I was searching for the composition of the participants.

What I found on their website was this very powerful statement on Internet regulation from Senator Hutchinson.

Watch the video (Especially those of you in the majority within the ANA who are not supportive of the crusade against ICANN and new TLDs) Senate on internet regulation.

Hopefully a read of the tea leaves. Who benefits from blocking innovation, competition, and job creation?

Here is a link to the actual session.

.hitachi … Another smart brand announces new TLD

According to a press release at GMO Registry, they’ve signed a deal with Hitachi to operate the .hitachi Top Level Domain name in the upcoming application period with ICANN.

“GMO Registry gTLD acquisition and operation support services chosen by global brand Hitachi to acquire and operate own brand TLD”

In my personal opinion, the brands coming out in support of the new TLD process are the thought leaders and innovators that we’ll see thriving in the digital economy.

Companies that embrace change (as opposed to fear based reactions) and are innovators who have embrace advances in technology and leverage things like social media, and who emphasize a robust online presence are seeing massive competitive advantage over companies that don’t in similar sectors.

Contrasting the application fee and other costs against a typical magazine or television advertising spend, a company gets a nearly perpetual benefit from the online presence that a new TLD provides, as opposed to a campaign that might last a week or a month.

I bow to Hitachi for this wise move, and I congratulate GMO Registry on this, the second major brand with a public announcement.

Source: http://www.gmo-registry.com/en/gmonews/detail.html?n=2011030200

.MLS – MLS Domains Association Membership Surge from ‘Founders Claim Period”

For a new TLD applicant who is creating a community application or standard application, obtaining the general support (or lack of objection resulting from consultation) from primary groups in the relevant community or stakeholders is a smart play. Many applicants have devised some constructive and mutually beneficial plans to grow broad support, often in equity or some entitlement to a pool of names in advance of the general availability to the public (if and when that comes).

I noticed what I think to be a very well executed and thoughtful execution of this with one of the applicants for a .MLS Top Level Domain.

The following press release came from the MLS Domains Association on August 10th, 2010, which I will narrate.

MLS Domains Association membership grows as special Founder claim period nears an end

Tempe, AZ – August 10, 2010 – MLS Domains Association now counts among its members the MLSs representing more than 511,000 of the nation’s MLS real estate brokers and agents. According to Bob Bemis, chairman of the board of directors of the organization, “We’re delighted with this response. Interest in our effort has grown continually over the summer. The industry is clearly ready to Take Back ‘MLS’!” Meanwhile, Founder members of the Association have claimed more than 70 domains on the ‘.MLS’ top-level domain during a special Founder claim period that ends on August 15.

Call to action + what does this have to do with me? Done. (Nicely played).

The MLS Domains Association is a not-for-profit membership association formed for the purpose of acquiring the ‘.MLS’ top-level domain. “Although we formed the Association with 15 of the leading large MLS in the country, our membership grew slowly at first,” Bemis said. “We have used the last few months to educate MLSs about our effort, and to help MLS executives lay out the value proposition with their boards of directors,” he continued. “Unfortunately, many of those boards meet only sporadically in the summer months,” he explained. In the last two weeks, the Association has welcomed new members such as Metrolist (CA, Founder member), Consolidated MLS (SC, Founder member), Sandicor (CA, general member), Great Plains REALTORS® MLS (NE, general member), and Florida Keys MLS (general member).

Hilight Non-Profit Status. Done.

Explain Hurdles to Membership Growth. Done.

Illustrate Momentum by mentioning at least 3-4 members. Done.

The Association is accepting all levels of members now, but Founder members are currently able to claim domains during a special claim period reserved for them. “Our Founder-level membership is attractive to MLSs that wish to claim a domain name that others may want or that wish to reserve several domain names,” said consultant Brian Larson, who is advising the Association. The Founder fee gives a member the same governance rights as the MLSs that formed the Association; includes a credit to claim up to 12 domains on the ‘.MLS’ top-level domain; and permits Founders to claim up to 10 domains now, during a special claim period, before general members are able to make claims. MLSs can join as Founders and claim domains during the special Founder claim period until 11:59 p.m. CDT on August 15.

Describe how to join in. Done.

Offer First Dibs on 12 Domain Names if you do join. Done.

Entice immediate action with Incentive : 10 extra domains. Done.

Organizations like the Midwest Real Estate Data LLC (MRED) have reserved a variety of names, like ChicagoHomes.mls, ChicagoMetro.mls, ChicagoRentals.mls, and ChicagoRentals.mls.

Another member mention to further illustrate ‘traction’. Done.

Mention some specific domains so that the concept of the attraction is clear and the potential member starts to think about what they will grab in their list of 22 domains before anyone else. Done.

General members will be able to claim domains during a “General Landrush” running from September 1 through October 15. To claim a domain, an MLS must join the Association – annual dues vary based on MLS size. The MLS then pays a “claim fee” for each domain it wishes to claim. “The General Landrush will be attractive to smaller and medium-sized MLSs that want to secure their internet identities with only one or two addresses,” said Larson.


Prove it is real by stating dates.Done.
Just a personal note but this is a very slippery slope. ICANN has ceased communicating any static dates. Yes, this is necessary for getting any support or investment, but I and many others have been both embarrassed and unemployed as a result of expectations placed upon the communication of dates. Tread lightly.

Show reduced but still worthwhile benefits should someone join in some capacity other than founder. Done.

Identify membership is required to participate in TLD. Done.

Promote General Landrush. Done.

Identify Sunrise Process where intellectual property interests are addressed. X

Point out that you are “small” if you do not participate immediately. Done.

Further information is available on the MLS Domains Association Website, MLSDomainsAssociation.org.

Promote website. Done.

Further information is available on the MLS Domains Association Website, MLSDomainsAssociation.org.

Promote website. Done.

Domain Name Law Book Reviews

Domain Name Law Book Reviews

Featured Domain Name Law:

International Domain Name Law: Icann and the Udrp

The Domain Name System (DNS), which matches computer addresses to human-friendly domain names, has given rise to many legal issues. Two important issues are the institutional arrangements for governing the DNS and the use of trade marks as domain names. This book is the first complete statement of this rapidly-evolving area of the law. In particular, the book includes a comprehensive statement of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP), the international system for resolving disputes between trade mark owners and domain name registrants. In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law.

List Price: $ 200.00
Price: $ 160.00

Domain Name Law and Practice: An International Handbook

This work provides a comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 27 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada and Australia. A particular strength of the book is its in-depth, country-by-country focus upon how domain names relate to existing trade mark law, and upon the developing case-law in this field. It also assembles detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy. It is edited and written by leading experts in the fields of domain name dispute resolution and trade mark law from around the world.

List Price: $ 550.00
Price: $ 396.60

Franchisors Brandish Pair of Powerful Weapons in the War on Cybersquatters.(domain name laws): An article from: Franchising World

This digital document is an article from Franchising World, published by International Franchise Association on September 1, 2000. The length of the article is 1395 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Franchisors Brandish Pair of Powerful Weapons in the War on Cybersquatters.(domain name laws)
Author: Lee J. Plave
Publication: Franchising World (Magazine/Journal)
Date: September 1, 2000
Publisher: International Franchise Association
Page: 30

Distributed by Thomson Gale

List Price: $ 5.95
Price: $ 5.95

The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World (Routledge Research in Information Technology and E-Commerce Law)

In this book Konstantinos Komaitis identifies a tripartite problem – intellectual, institutional and ethical – inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis ‘e-property’ rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice. The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space. Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens. With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

List Price: $ 125.00
Price: $ 100.00

Domain Names for Dummies

These days, every business or organization needs a Web presence. But how to youfind and register a memorable Web address? In this easy-to-follow guide, apreeminent domain name services firm walks you through the ins and outs of thedomain name game, from registering and trademarking a new name to buying orselling an existing site.

Rating: (out of 8 reviews)

List Price: $ 21.99
Price: $ 15.50

Domain Names for Dummies Reviews

Review by :

In general, I am a big fan of For Dummies books. However, this book does not live up the usually high For Dummies standard for two reasons. This book was written at the height of the dot-com bubble, and GreatDomains.com wrote this book. Having GreatDomains.com write this book would be like having Weight Watchers write Dieting for Dummies. You can’t expect unbiased advice from a leading company whose business model is selling expensive generic/descriptive domain names. There is a controversy on generic vs. proper names, but this is barely mentioned in the For Dummies Book. The opposite view, “The kiss of death for an Internet brand is a common (generic) name” is taken in the book “The 11 Immutable Laws of Internet Branding.” I am not saying that one view or the other is correct, but a book on domain names should cover both sides. Chapter 3 is titled “The New Land Rush in Domain Names.” The first section is “Understanding the Reasons Behind Skyrocketing Domain Name Prices.” Since the book has been published, domain name prices have fallen faster than dot-com stocks. All of the domain name prices in the book should be reduced by a factor of ten or more.Still much of the book contains useful information, and the price is reasonable. You just have to keep in mind that the information is one-sided and written at the height of the dot-com bubble. A less biased but overly legal book is “Domain Names” by Elias & Gima. Also look at “How to Select & Buy an Elite Domain Name.”

Review by Joel J. Ohman:

I really like the “Dummies” books on almost any subject. It seems to me though that learning about domain names doesn’t necessarily require reading a full book like this as there are plenty of resources online to learn about domain name buying/investing/etc (not all good of course). Either way, I am really glad to see this book published because it brings some more mainstream attention to this great subject.

– Joel

http://www.DomainSuperstar.com

Buy Domain Names for Dummies now for only $ 15.50!

Collection of WIPO Domain Name Panel Decisions

The Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO Center) offers services for the resolution of commercial disputes between private parties involving intellectual property through procedures other than court litigation. Prominent among these disputes in recent years have been those arising out of bad-faith registration and use of Internet domain names corresponding to trademark rights. The administrative mechanism for resolving such disputes is embodied in WIPO¿s Uniform Domain Name Dispute Resolution Policy (UDRP). This very useful book reprints forty-five UDRP decisions rendered by WIPO Center panels between 1999 and 2003. These decisions represent the general trends as well as particular issues in the growing jurisprudence in the important area of Internet domain name rights, and their presentation here will provide practical guidance on the substantive issues and procedural mechanics of the UDRP. The decisions have been selected on the following criteria: principal substantive issues resolved by WIPO panels; typical procedural issues arising in UDRP cases; and diversity of domain names, parties and panelists. This approach offers practitioners an invaluable understanding of the trademark issues arising out of the domain name registration system, as well as guidance and insight into how to file or defend a WIPO UDRP case. Practical features include key issues listed at the top of each decision, a chronological index, a topical index of issues covered by the decisions, and annexes providing legal source materials, the WIPO Model Complaint and Response, and an off-print of the online legal index of WIPO UDRP decisions made available by the WIPO Center. This collection will be of great value to trademark holders, in-house counsel, intellectual property and IT law practitioners, Internet entrepreneurs, domain name registrants, and students of dispute resolution.

List Price: $ 177.00
Price: $ 176.88

The Domain Name Handbook; High Stakes and Strategies in Cyberspace

Designed for system administrators, this handbook describes Internet domain policies and procedures; investigates the debates, confusion and conflicts people face while registering domain names for their WWW sites; and details attempts to reconcile Internet name use with Trademark law.

Rating: (out of 12 reviews)

List Price: $ 39.95
Price:

The Domain Name Handbook; High Stakes and Strategies in Cyberspace Reviews

Review by Robert Kall:

The Domain Name Handbook; High Stakes and Strategies in Cyberspace by Ellen Rony, Peter R. Rony This was the first book I purchased in my search tomake sense of the domain name business. It provides great information on the details of the domain name naming system and the history of the organizations involved. It also provides excellent information on trademark considerations and issues. If you are an attorney, or anyone seriously getting into the domain name business, you should have this in your library. Rony is highly knowledgeable about the minutiae of the domain name registration rules, and offers a great history with some examples of cases of trademark cases and squatting that are highly useful for understanding the way things work. She’s now consulting as an expert in this area, a clear sign that her expertise is credible with corporations and courts. The book does not cover such considerations as the creative and business consideration process of coming up with a unique domain name. There’s another book that goes into this topic in more detail–How to choose and Protect a great Name for Your website. Neither book covers factors which contribute to the value of a dmain name, finding better prices for name registration, websites and strategies for doing research on names you are considering.Rob Kall, author, domainnamereport

Review by Jim Moran:

Remember the old saying, “What’s in a name?” A name should represent a well known company, person, quality workmanship, products, and services. Nothing could be more true when we consider what is involved in registering and using domain names today. Ellen Rony and Peter Rony have written The Domain Name Handbook to provide readers with a considerable amount of detailed information about this often overlooked but essential element of establishing an online presence. When a company or person takes action to establish themselves online it is necessary for them to come up with a unique domain name that clearly represents the nature of their products, services, or other stated purposes of the Website. Sounds easy enough but this is not necessarily the case. One of the most hotly contested aspects of setting up a Website today is the selection and ownership of a domain name. There are a number of factors to take into consideration in this crucial decision making process. Ellen Rony and Peter Rony do a masterful job of exposing the many pitfalls that could spell disaster for anyone wishing to set up shop online today. This 650-page book is packed with extensive information about many of the legal challenges that have been waged over the registration and use of domain names, including alleged copyright violations, trademark infringement, and actual court cases. This is the most comprehensive resource for domain name dispute case studies to date. It is heavily footnoted. Thumb through it to read up on what real people have experienced themselves. Many of the accounts will expose the darker side of the business world we compete in! According to the documentation provided in this book some big name companies have gone after smaller companies and persons (and vice versa), who have registered domain names already trademark protected by existing laws. Some of the laws currently pertaining to Internet domain name use have not been etched in stone as of yet but information provided in this book will help chart the course. The accompanying CD and a Website offer supplemental reading material. Although these resources offer plenty in terms of legal proceedings, the authors recommend that readers consult their attorneys for solid legal advice! Perhaps through no fault of your own you may one day find yourself the focus of an infringement case. Be prepared to face these challenges today. This book is must reading for Website designers, Web business consulting firms, attorneys, and companies doing business online!

Buy The Domain Name Handbook; High Stakes and Strategies in Cyberspace now for only !

Domain Names: A Practical Guide

Domain names are significant corporate assets and with over 36 million domain names registered worldwide businesses need to protect these assets accordingly. This title provides a practical and user-friendly guide to the legal, best practice and procedural issues relating to domain names. It is clearly written, succinct and avoids using complicated legal jargon. Containing user-friendly sample documents, checklists and FAQs to ensure best practice, and guidance through ICANN and Nominet’s dispute resolution procedures, this title brings together difficult to source information on an increasingly complex area.

Rating: (out of 1 reviews)

Price:

Domain Names: A Practical Guide Reviews

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