scholarly journals THE MODEL FOR A PATH FORWARD. A PROPOSAL FOR A MODEL LAW DEALING WITH CYBER-SQUATTING AND OTHER ABUSIVE DOMAIN NAME PRACTICES

2015 ◽  
Vol 27 ◽  
pp. 204-240
Author(s):  
James Plotkin
Keyword(s):  
The Internet ◽  
Domain Name System ◽  
Potential Solution ◽  
Domain Name ◽  
Domain Names ◽  
Consumer Protection Act ◽  
Brand Recognition ◽  
Internet Users ◽  
Address Book ◽  
Model Law

The internet has revolutionized the way we interact with information and each other. Among the internet’s many applications, e-commerce ranks at the top. Businesses derive significant value from a robust online presence which arguably begins with a strong domain name.Websites are identified by internet protocol (IP) addresses which consist of sets of numbers. The Domain Name System (DNS) is the internet’s address book. Its function is to allow internet users to identify websites with more memorable indicia than a set of numbers such as words, phrases and acronyms. Given that businesses often devote significant resources to growing brand recognition and the goodwill associated with their trademarks, many of them tend to register domain names under those trademarks. Domain names (unlike trademarks) are unique which further increases a trademark holder’s interest in securing ones that consumers would likely associate with its goods or services.Cyber-squatters seek to profit from the DNS by engaging in a form of “online speculation”.  They register domain names that are either identical or confusingly similar to trademarks and then attempt to sell the domain name(s) to a legitimate trademark holder for a profit.The current regulatory framework dealing with cyber-squatting comprises of: 1) The Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP) and variants thereof; 2) The American Anticybersquatting Consumer Protection Act (ACPA); and 3) National trademark laws. This paper argues that while partially effective, the current framework is lacking.A review of UDRP panel statistics reveals a steady flow of complaints since 2000 with a marked upswing from 2005 forward. The WIPO Arbitration and Mediation Center, the largest UDRP resolution provider, receives between 1700-2600 complaints per year relating to cyber-squatting. Cyber-squatting is therefore clearly an issue that requires further or better regulation.The UDRP, ACPA and trademark statutes all suffer from significant shortcomings. This paper seeks to identify those shortcomings and propose a potential solution: a model law relating to cyber-squatting and other abusive domain name practices. The model law would create specific causes of action for cybersquatting and the abusive practice known as “reverse-domain name hijacking”. It would also comport certain key provisions to aid in the harmonization of an internationally accepted body of “domain name law”.While a model law approach itself suffers from certain shortcomings (most notably the requirement that it be adopted in a significant number of states to become effective), this paper demonstrates that those shortcomings are far outweighed by its benefits.

Structure and Organization of the Domain Name System

2015 ◽  
Author(s):  
Torsten Bettinger
Keyword(s):  
Host Computer ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Global Regulation ◽  
Ip Address ◽  
Domain Names ◽  
Data Packets ◽  
System P ◽  
Administrative Tasks

Although the Internet has no cross-organizational, financial, or operational management responsible for the entire Internet, certain administrative tasks are coordinated centrally. Among the most important organizational tasks that require global regulation is the management of Internet Protocol (IP) addresses and their corresponding domain names. The IP address consists of an existing 32 bit (IP4) or 128 bit (IP6) sequence of digits and is the actual physical network address by which routing on the Internet takes place and which will ensure that the data packets reach the correct host computer.

scholarly journals Nombre de dominios y otros signos distintivos. Aproximación teórica y análisis practico

2007 ◽  
Vol 6 ◽  
pp. 39-63
Author(s):  
Jorge Alberto Fierro Abella
Keyword(s):  
Internet Protocol ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Empirical Application ◽  
Domain Names ◽  
Registration Procedure ◽  
Transmission Of Information ◽  
Theoretical Frame ◽  
La Red

El desarrollo de la llamada red de redes o internet ha supuesto un cambio sustancial en la forma de entender las relaciones comerciales. La extensión del acceso a aquella a un número cada vez mayor de agentes económicos, unido a un crecimiento continuo de los contenidos de toda índole disponibles en la red, implica que la facilidad con que se acceda a la información de una determinada compañía tenga un elevado valor. El objetivo de este documento de reflexión es ofrecer en primer lugar, un panorama general del marco teórico en el que se desarrolla la actividad de registro de nombres de dominio, tanto en el ámbito internacional como en el local (España) y su relación con el derecho de marcas, para a partir de ello exponer una serie de casos, que tienen una relación directa con España, bien por tratarse de resoluciones de nuestros tribunales, bien por ser asuntos en los que se discutía la titularidad de nombres de dominio en los que aparecía como perjudicado (real o pretendido) una marca o nombre comercial española o al menos con presencia en este país. Abstract Domain names are the familiar and easy-to-remember names for internet computers. They map to unique Internet Protocol (IP) numbers that serve as routing addresses on the Internet. The domain name system (DNS) translates internet names into the IP numbers needed for transmission of information across the network. The challenge pursued by the following research is to provide a general outlook of the theoretical frame for the technical activity of domain name registration procedure, as well as the implication of complementary sources of rules. The territorial context of the analysis is only apparent, since the empirical application of concepts can also be applied by other jurisdictions. Palabras Claves Nombre de dominio, marcas, marcas de internet, derecho de marcas, competencia desleal, usurpación de marcas. Keywords Nombre de dominio, marcas, marcas de internet, derecho de marcas, competencia desleal, usurpación de marcas

21. Internet regulation and domain names

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Internet Access ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Domain Names ◽  
Internet Regulation ◽  
System P ◽  
Functional Equivalent ◽  
Technical Issues ◽  
Major Factors

Internet access is dependent on two major factors: Internet (generally referred to as IP) addresses, which are a functional equivalent to telephone numbers, and domain names. The former element raises a number of technical issues but is generally non-contentious. Systems of domain names—which effectively serve as an alias for IP numbers—are much more controversial and raise major issues how the Internet should be regulated. This chapter begins with a discussion of the emergence of Internet regulation. It then turns to domain names and the regulation of the domain-name system.

Icann’S New gTLD Program

2015 ◽  
Author(s):  
Torsten Bettinger ◽  
Mike Rodenbaugh
Keyword(s):  
Free Trade ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Domain Names ◽  
The World ◽  
Stakeholder Model ◽  
Business Entities ◽  
The Stability ◽  
Multi Stakeholder

Since its creation in 1998, the Internet Corporation for Assigned Names and Numbers (ICANN) has been responsible for ensuring free trade and marketplace competition in the sale and regulation of domain names, as well as overseeing the stability of the Domain Name System (DNS) and the creation of consistent, functional policies. Therefore, its responsibilities include assessing when, and to what degree, additional generic top-level domains (gTLDs) are needed in order to ensure the proper functioning of the DNS. In order to make such a determination, ICANN relied on the input of interested Internet stakeholders as mandated through its multi-stakeholder model, which involves interested business entities, individuals, and governments from around the world.

21. Internet domain names

2020 ◽  
pp. 377-390
Author(s):  
Ian J. Lloyd
Keyword(s):  
Internet Access ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Specific Level ◽  
Domain Names ◽  
Internet Regulation ◽  
Functional Equivalent ◽  
Technical Issues ◽  
Major Factors

Internet access is dependent on two major factors: Internet (generally referred to as IP) addresses, which are a functional equivalent to telephone numbers, and domain names. The former element raises a number of technical issues but is generally non-contentious. Systems of domain names—which effectively serve as an alias for IP numbers—are much more controversial and raise major issues how the Internet should be regulated. This chapter begins with a discussion of the emergence of Internet regulation. It then turns to domain names and the regulation of the domain-name system at both a global and country specific level.

scholarly journals DNS Aegis, Authentication with Digital Signature using Hash Functions and Various Attacks: KARKOFF

2019 ◽  
Vol 9 (1) ◽  
pp. 5066-5069
Keyword(s):  
Adverse Effect ◽  
Digital Signature ◽  
Cyber Security ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Security Vulnerabilities ◽  
Internet Applications ◽  
Domain Names ◽  
Confidential Data

DNS have a crucial role in adequate functioning/performance of the Internet. Even though every single internet applications rely/trust on ‘Domain-Name-System’ for the ‘Name-Resolutions’ yet in this particular infrastructure have numerous ‘Security-Vulnerabilities’ with specific severity level and influenced by many attacks such as: ‘BIT SQUATTING REDIRECTION’, ‘CACHE POISONING’, ‘DNS REBINDING’, ‘TYPO SQUATTING REDIRECTION’ etc. Suppose what will happen if ‘DNS-Server’ or ‘DNS-Services’ gonna compromised? Answer will be all the resources which belong to Internet/Intranet/Extranet influenced, has a result adverse effect not only for the resources used but to confidential data too. One important point is ‘DNS’ aren’t just gonna used for having ‘Domain-Names’ w.r.t. logical addresses, but it is also utilize to Restrict Unauthorized/Un-Authenticated traffic too. So in cyber security arena manageable, trust worthier infrastructure of DNS is must.

icann’s New Generic Top-Level Domain Names Dispute Resolution Procedure Viewed Against the Protection of the Public Interest of the Internet Community: Litigation Regarding Health-Related Strings

2014 ◽  
Vol 13 (3) ◽  
pp. 306-346 ◽  
Author(s):  
Simone Vezzani
Keyword(s):  
Freedom Of Expression ◽  
The Internet ◽  
Commercial Arbitration ◽  
Domain Names ◽  
Internet Users ◽  
Health Related ◽  
Rules Of Procedure ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

icann’s decision to liberalize the market for Internet Generic Top-Level Domain Names has been giving rise to many concerns, related in particular to the registration of health-related strings, which may favour fraud and the dissemination of misleading health information. However, a very sophisticated mechanism has been put into place by icann, intended to prevent the registration of strings which face opposition from a significant portion of the community they purportedly aim to serve, or which are contrary to generally accepted principles related to morality and public order. Tailored after the model of commercial arbitration, icann rules of procedure are noteworthy in that they give standing to all interested Internet users and to an Independent Objector. Though underlining some of its procedural deficiencies, this article emphasizes the importance of the icann mechanism in the “constitutionalization” of the Internet. It also discusses the contribution of icann expert panels to international human rights discourse, as illustrated by the expert panel determinations walking the tightrope between freedom of expression and the right to health.

Online Brands and Trademark Conflicts: A Hegelian Perspective

2006 ◽  
Vol 16 (3) ◽  
pp. 343-367 ◽  
Author(s):  
Richard A. Spinello
Keyword(s):  
Free Speech ◽  
Strong Support ◽  
The Internet ◽  
Domain Name ◽  
Reasonable Person ◽  
Domain Names ◽  
Consumer Confusion ◽  
Trademark Dilution ◽  
Online Brands ◽  
Free Speech Rights

Abstract:The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is the unauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent.

Domain Name System during the Transition from IPv4 to IPv6

2014 ◽  
Vol 687-691 ◽  
pp. 1912-1915
Author(s):  
Hong Cheng Tian ◽  
Hong Wang ◽  
Jin Kui Ma
Keyword(s):  
Transition Period ◽  
Functional Unit ◽  
Transition Phase ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Network Address Translation ◽  
Address Translation ◽  
Operating Process ◽  
Long Time

IPv4 and IPv6 will coexist for a long time, due to ISPes’ inertia in the transition from IPv4 to IPv6. Domain Name System (DNS) is a very important functional unit in the Internet. This paper describres the hierarchy and operating process of IPv6 DNS, IPv6 DNS resolver, and presents the DNS transition from IPv4 to IPv6 in particular. We suggest two methods to implement DNS service during the transition period: DNS-Application Level Gateway (DNS-ALG) with Network Address Translation-Protocol Translation (NAT-PT), and dual stacks. And we also propose their respective operational principles. This paper is of valuable reference for network engineers to construct DNS in the transition phase.

scholarly journals Cybersquatting: Threat to Domain Name

2019 ◽  
Vol 8 (6S4) ◽  
pp. 1432-1434
Keyword(s):  
United States ◽  
Present Article ◽  
Consumer Protection ◽  
Remedial Measures ◽  
Domain Name ◽  
Domain Names ◽  
Consumer Protection Act ◽  
Trade Names

The present article deals with conflicts arising out of registration of domain names of existing trade names with the intention to resell it and/or encash the goodwill. Such practice is known as ‘Cybersquatting’. Registration of Domain names and acquiring a domain name of choice has become a rage over the time. It is the first come first get thing for getting registered. In this paper the researcher has explained what a cybersqatting is alongwith various types of cybersquatting and its prevention and targets. This paper also suggests remedial measures to deal with cybersquatting. The Anti Cybersquatting Consumer Protection Act (ACPA), an enactment by United States, needs a special applaud for being the first country to have introduced a special act for dealing with the menace of cybersquatting which was the need of the hour. It so happens that people opt to buy the domain name from squatters as it being cheap instead of seeking remedy from the court of law

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