Features • 1) FCC & Net Neutrality, What's Next? 2) Names, Domains & Trademarks: UDRP Filing Triggers RDNH Federal Lawsuit, and a .COM domain name sells for $2.89 million, 3) ICYMI: Google LIVE in Cuba, 4) Earnings Season: Apple $AAPL, GoDaddy $GDDY, Facebook $FB, 5) ICANN News: ICANN's International Office Strategy, 6) Most Popular.
1) FCC & Net Neutrality, What's Next?
FCC chair Ajit Pai explains why he wants to scrap the FCC's net neutrality rules:
Video above published Apr 27, 2017, by PBS News Hour: Ajit Pai, FCC chairman, has plans to do away with net neutrality rules that have been in place for the last three years. Pai argues the rules are too burdensome and that they stifle innovation and competition. William Brangham discusses the changes in oversight with Pai.
- Restoring Internet Freedom--Notice of Proposed Rulemaking – WC Docket No. 17-108 (pdf) April 27, 2017, and related documents.
- Joint Statement of FCC Commissioner Mignon Clyburn and FTC Commissioner Terrell McSweeny on Leaving Broadband Consumers and Competition Unprotected (pdf): April 27, 2017 – “Today Chairman Pai released a plan that, if implemented, will hand over control of the open internet to the powerful gatekeepers of our connections to the modern world. Despite the Chairman’s description of the proposal as a way to reduce onerous regulation, stimulate investment, and protect consumer privacy, the proposal would do otherwise. If adopted, Chairman Pai’s proposal will harm competition and innovation and will leave consumers without any real protection or oversight by either the FTC or FCC for broadband services..."
- Previewing the (Net Neutrality) Road Ahead: Chairman Pai Announces a Plan to Reverse the 2015 Open Internet Order | Kelley Drye & Warren LLP | JDSupra.com
- WC Docket No. 17-108) | Federal Communications Commission | fcc.gov a) Comments -- b) file a comment -- c) submit Bulk Comments
2) Names, Domains & Trademarks
- UDRP Filing Triggers RDNH Federal Lawsuit--Web Developer Sues UDRP Complainant Over Internet Domain Name: In U.S. District Court (Middle District of Florida), Plaintiff VirtualPoint Inc., the domain name registrant of fasttrak.com, sued FastTrak--copy of Plaintiff's complaint (pdf)--after FastTrak filed what plaintiff termed a “baseless and factually erroneous UDRP complaint." (See Plaintiff's complaint, supra, at ¶15.) Plaintiff seeks a declaratory judgment of non-infringement, punitive damages, and damages of not less than $100,000 for reverse domain name hijacking, as first reported in Bloomberg | BNA.com.
- Why Start-Ups Should Consider Trademark Registration (and what is the difference between TM and ®) | Bryan Cave | JDSupra.com
- The Limits of Notice and Takedown | circleid.com
- No Bull: Acquired Distinctiveness Is Not a Given | BakerHostetler | JDSupra.com
- Non-Trademark Use is a Non-Infringing Use | Harness, Dickey & Pierce, PLC | JDSupra.com: "... Because this was a non-trademark use of plaintiffs’ trademarks, the Sixth Circuit did not have to reach the question whether the fair-use defense applied. As the Supreme Court said in Prestonettes, Inc. v. Coty, 264 U.S. 359, 368 (1924), “When the mark is used in a way that does not deceive the public we see no such sanctity in the word as to prevent its being used to tell the truth.”"
- The domain name Fly.com sold for $2.89 million according to the seller's filing with the U.S. Securities and Exchange Commission (SEC) on April 27, 2017 (excerpt below):
Seller Travelzoo Inc., continues to do business under its domain name travelzoo.com. Sale first reported by OnlineDomain.com via George Kirikos.
3) ICYMI Internet Domain News Quick Takes
- Google Servers Go LIVE in Cuba | cnbc.com: "Google's servers in Cuba went live on Wednesday [April 26, 2017], making the internet giant the first foreign internet company to host content within the long cut-off country."
- Trend Micro report (pdf) details political-influence activities of cyber espionage group Pawn Storm, a/k/a APT28, Fancy Bear, Sednit, over past 2 years. "... Pawn Storm uses mainstream media to publicize their attacks and influence public opinion ..."
- Wikipedia gears up for global conversation | theaustralian.com.au: “The internet is more commercial, information is more consolidated and it’s also a lot more fragmented. People are increasingly unsure about what they can trust and what they know on the internet.”--Wikimedia Foundation executive director Katherine Maher
- Chinese Government Releases Draft Regulations on Cross-Border Data Transfer | Davis Wright Tremaine LLP | JDSupra.com
- Net Neutrality: Vodafone (India) wants right to manipulate Internet videos | UltraNews.com: "India does not have any specific guidelines on these matters and the telecom regulator is creating new laws via its consultation on net neutrality."
- YouTube starts training young commenters to be kinder to each other | TechRadar.com
- German cyber crime rose 80 percent in 2016: report | Reuters.com
- A generation of children is learning about sex through porn, and we have no way to stop it | Quartz | qz.com
- DOJ Antitrust Nominee Makan Delrahim's Hearing on Hold | broadcastingcable.com: Committee chairman Charles Grassley (R-Iowa) said that a piece of paperwork was missing, which prevented Delrahim from being considered at the Wednesday hearing, and once the paperwork is filed, Delrahim will appear at "our next hearing."
4) Q1 2017 Earnings Season
- Apple AAPL May 2 at 5:00 pm EDT
- GoDaddy GDDY May 2 at 5:00 pm EDT--world's largest domain name registrar
- Facebook FB May 3 at 5:00 pm EDT
5) ICANN News:
ICANN's International Office Strategy:
|ICANN CEO Goran Marby presented the above slide at the ICANN FY17 Q3 Stakeholder Call, April 27, 2017|
Saturday, 6 May, 11:15 – 12:00 UTC; and 2) Internet Governance Engagement Strategy with a Focus on the Internet Governance Forums (IGFs): Proposal to the Board, Sunday, 7 May, 09:00 – 10:00 UTC (more info at the link above). If you cannot attend the sessions LIVE, both sessions will be recorded and available according to ICANN staff (see chat transcript below from the ICANN FY17 Q3 Quarterly Stakeholder call on April 27, 2017):
- Internationalized Domain Name (IDN) Implementation Guidelines 2 May 2017
- Draft 2016 African Domain Name System Market Study 5 May 2017
- Proposal for Ethiopic Script Root Zone Label Generation Rules (LGR) 5 May 2017
- Proposed Fundamentals Bylaws Changes to Move the Board Governance Committee's Reconsideration Process Responsibilities to Another Board Committee 10 May 2017
- Competition, Consumer Trust and Consumer Choice Review Team Draft Report of Recommendations for New gTLDs 19 May 2017<<<
- Deferral of Country Code Names Supporting OrganizationReview 19 May 2017
- GNSO Community Comment 2 (CC2) on New gTLD Subsequent Procedures Policy Development Process 22 May 2017<
- Recommendations to Improve SO/AC Accountability 26 May 2017<<<
- Proposed Renewal of .NET Registry Agreement 30 May 2017<<<
• ccNSO Strategic and Operational Planning Working Group (SOP WG) comment on ICANN's FY18 Operating Plan and Budget--https://ccnso.icann.org/about/ccnso-sop-wg-comments-24apr17-en.pdf--excerpt (highlighting added):
• ICANN Complaints Office | ICANN.org: "The Complaints Office handles complaints regarding the ICANN Organization that don't fall into an existing complaints mechanism." The full complaints process is targeted for launch in mid-July 2017. More info at link above.
-- John Poole, Editor* of Domain Mondo
*Note: all references to Editor's Note herein are to the above.