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Phil Corwin Of The ICA To Speak At Heritage Foundation Event On ICANN With Ted Cruz

July 6th, 2016 Comments off

Phil Corwin from the Internet Commerce Association (ICA),  of which we are a Gold Member of, is speaking at a Heritage Foundation event on ICANN taking place from 3-4:30 pm tomorrow along with Senator Ted Cruz. The event is entitled: What Are the Concerns about Ending the U.S. Contractual Relationship with ICANN? The event will […]

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The ICA Is Having a Coming Out Party At Namescon; Come Join US

January 9th, 2016 Comments off

Most of you know that I have been a long-time member and strong supporter of the Internet Commerce Association. Anyone who has had to face a UDRP, or seen the policies that are proposed at ICANN, knows that the rights of domain owners are always under threat. Fortunately a group of members from the domain […]

The post The ICA Is Having a Coming Out Party At Namescon; Come Join US appeared first on TheDomains.com.

Donuts Becomes 1st new gTLD Registry to Join The Internet Commerce Association (ICA)

July 27th, 2015 Comments off
Donuts has become the 1st new gTLD registry to join the Internet Commerce Association (ICA) as a Silver member. The ICA is a non-profit advocating for the rights and interests of domain name owners and related service providers. Although Donuts is also a member of the DNA (As is a company I’m a Director of,  […]

ICA Sounds The Alarm: Tell ICANN No to URS at .Travel – Or It Will Travel to .Com

May 21st, 2015 Comments off
Phil Corwin of the Internet Commerce Association (the “ICA)  just published a post,  sounding a very loud alarm, to head off what would be the first step that would make all .Com domain name subject to the Uniform Rapid Suspension Policy (URS) which allows “trademark holders” to go after domain names. To remind everyone the […]

Here Is The Statement Phil Corwin Of The ICA Will Be Giving To The House Judiciary Committee

May 13th, 2015 Comments off
Here is the Statement of Philip S. Corwin,  Counsel, Internet Commerce Association   will give today to the House Judiciary Committee, Subcommittee on Courts, Intellectual Property and the Internet The hearing is entitled: “Stakeholder Perspectives on ICANN: The .Sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet’s Operation” The hearing should have […]
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Is The Trademark Clearinghouse Causing New gTLD’s To Lose 6X The Number Of Registrations?

March 12th, 2015 Comments off
Phil Corwin of the Internet Commerce Association (ICA), just published a very interesting story on how the trademark clearinghouse (TMCH) program maybe negatively effecting the numbers of new gTLD’s registrations to a factor of 6X. Its a great read and I think Phil maybe on to something. As an unintended consequence of trying to protection […]

Domain Holdings Joins The ICA As A Silver Member

December 4th, 2014 Comments off
Domain Holdings, has become the latest member of The Internet Commerce Association (the ICA) which is a trade group that represents and protect  domain name holders and those with interests in the domain business. Domainholdings.com has entered the ICA as a silver member which requires a annual contribution of $5,000-$9,999 I reached out to Alan […]
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ICA Changes Membership Structure, Add New Board Position & Voting Procedures For Board

October 8th, 2014 Comments off
The Internet Commerce Association (ICA) announced today that it passed a resolution (Here is the full Resolution) which changes its membership structure, adds a new Board Positions & changes the voting procedures for members of its Board. Under the resolution the new levels of membership are as follows: Platinum members are for those individuals and/or […]
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As Many As 5K .Com’s Taken Away By Sealed Court Order By Verisign Including Some Of Mine

October 2nd, 2014 Comments off
Overnight I received a notice that several domain names I owned were transferred by a sealed court from Verisign without notice and of course without the court order. The domain names just were transferred by Verisign to another domain and are now listed for sale at another marketplace. Another domainer sent me an identical notice […]

Phil Corwin Posts Update To His .XYZ/Netsol Post on ICA Site & His “Mistake in Judgement”

June 17th, 2014 Comments off

Phil Corwin has just published an update to this post he published the other day on the ICA website entitled ICANN is MIA on XYZ.

As we told you on Sunday, some including thedomains.com felt that the portion of Mr. Corwin’s post that seemed to be a personal attack on Mr. Negari was inappropriate and out of line.

Mr. Corwin has now addressed this, with a statement posted on the ICA Website in which he  apologize to Mr. Negari entitled “Personal Clarification Regarding .XYZ Article”

Here is the new post:

Several days ago I posted an article – “ICANN is Missing in Action on .XYZ” – expressing my personal views regarding Network Solutions’ involuntary opt-out registration of .XYZ domains for its existing customers. It was posted, as many of my opinion pieces are, at both the website of the Internet Commerce Association, which I have served as Counsel since its founding in 2006, and at CircleID.com; the two websites attract different audiences.  The article was not requested by the ICA and does not represent any official policy of the ICA in regard to such involuntary domain registrations. The ICA has not yet adopted any position on this practice.

The article questioned whether this opt-out practice violated registrant rights and was in compliance with the Registrar Accreditation Agreement (RAA) that all registrars enter into with ICANN. A particular concern was that, unless ICANN stepped in, this practice could spread to other new gTLDs, adversely affecting registrants while undermining the integrity of the new gTLD program and raising additional questions about ICANN’s contractual compliance enforcement.

Toward the end of the article I referred to a 2011 Lanham Act litigation filed by Facebook against the CEO of the .XYZ registry, Daniel Negari, and another company he headed, Cyber2media. I noted that the case had been dismissed, and stated “Of course allegations are not proof of guilt”. I also tried to give even-handed treatment earlier in the article on the question of whether .XYZ had entered into any arrangement with Network Solutions in regard to the opt-out program by reprinting the relevant text of an interview he had engaged in on that question.

I now regard my referencing of the Lanham Act litigation as a mistake in judgment.

First, it was extraneous to the main focus of the article and has generated some unintended controversy that has diluted focus on the important policy question of whether opt-out domain registrations are an ethical practice consistent with RAA provisions that protect registrants and, if not, what ICANN should be doing in reaction.

More importantly, it appears to have created the misimpression that I believe that the award of the .XYZ registry contract to Mr. Negari and his registry enterprise was questionable. I am not aware of any facts that would lead me to such a conclusion and to the extent that my unartful words may have created such an incorrect impression I offer my sincere apology to him, his colleagues and his enterprise.

That section of the article also stated that it “would be useful to know” whether the application for .XYZ had disclosed the litigation. I have since learned through a third party that it was disclosed and considered by ICANN. Such information is redacted and not made part of the publicly available portion of any gTLD application.

There also seems to be a misperception that I may have been advocating amendment of the gTLD program Applicant Guidebook to create review of dismissed or settled trademark legal actions. In fact such a provision is already part of the program’s Evaluation Questions Criteria (see http://newgtlds.icann.org/en/applicants/agb/evaluation-questions-criteria-04jun12-en.pdf).

At Section 11(g) of the Applicant Background portion of that document this Question appears:

(g) Disclose whether the applicant or any of the individuals named above has been involved in any administrative or other legal proceeding in which allegations of intellectual property infringement relating to registration or use of a domain name have been made. Provide an explanation related to each such instance. (Emphasis added)

This Note appears next to that Question:

ICANN may deny an otherwise qualified application based on the background screening process. See section 1.2.1 of the guidebook for details.

That provision is the very reason why a dismissed Lanham Act lawsuit would need to be disclosed by a gTLD applicant. It is in addition to preceding Section 11(f), the inflexible “three strikes” UDRP/ACPA disqualification clause against which I lobbied at considerable length; while that effort was unsuccessful, a similar disqualifier was added for those cited for repeated Reverse Domain Name Hijacking. ICANN has stated that it intends to conduct a thorough review of all provisions of the Applicant Guidebook prior to any second round of new gTLDs, and that will provide an opportunity to revisit all these provisions.

I hope that this clarification facilitates a return to consideration of the opt-out registration issue and an appropriate ICANN response. I wish Mr. Negari and his marketing team well in their efforts to promote affirmative domain registrations in the .XYZ registry.”””

 

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