Category: Domain Name Law

DNS over HTTPS, or DoH, is a protocol that encrypts domain name system queries using HTTPS, thereby masking DNS traffic from intermediaries such as internet service providers (ISPs), network administrators, and national surveillance systems. By routing DNS queries through secure, encrypted HTTPS connections, DoH prevents third parties from observing which websites users are attempting to…

As online content becomes increasingly globalized, domain owners operating websites that host or distribute adult content face a complex and evolving landscape of compliance obligations. Among these, one of the most technically demanding and legally significant duties is the implementation of geofencing: the practice of using IP-based geolocation tools to restrict or tailor access to…

As environmental, social, and governance (ESG) criteria become central to how corporations are evaluated by investors, regulators, and the public, entities managing large domain name portfolios are increasingly facing scrutiny under these frameworks. While traditionally seen as intangible assets with minimal environmental or social footprint, domain portfolios—especially those held by digital investment firms, registrars, marketplaces,…

The forthcoming round of generic top-level domain (gTLD) expansion, anticipated in the next few years as ICANN completes its policy finalization, represents a significant opportunity for brand owners, entrepreneurs, and registry operators alike. However, participation in the gTLD application process requires far more than marketing vision or technical capability. The regulatory, contractual, and compliance burdens…

In the realm of domain name law, few issues are as misunderstood or as hotly contested as the distinction between title and possessory rights. The confusion stems from the unique nature of domain names themselves. Unlike tangible property, they exist as entries in a registrar’s database, governed not by deeds or land titles but by…

In the intricate framework of domain name governance, one of the most critical but least understood mechanisms is the process by which ICANN consensus policies come to bind individual domain name registrants. The Internet Corporation for Assigned Names and Numbers (ICANN), as the global coordinator of the domain name system, does not have direct contracts…

Domain name disputes often present far more than questions of trademark infringement, contract breach, or bad faith registration. One of the most significant and complex hurdles lies in determining which court—or even which country’s courts—can properly hear the case. Because domain names are intangible assets that exist in a global network, tied to registries and…

The global nature of domain name registration and use makes the enforcement of court judgments across borders one of the most challenging aspects of domain name law. A domain dispute may be litigated and won in one country, but the registrant, the registrar, or even the registry may be located in another jurisdiction that does…

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was designed to harmonize and govern the sale of goods across international borders, providing a uniform legal framework for contracts between parties whose businesses are located in different signatory states. Since its adoption in 1980, it has been applied in countless disputes…

In the world of domain name disputes, whether pursued through court litigation, arbitration, or administrative procedures like the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the strength and quality of evidence often determine the outcome. While the substantive law governing these disputes varies by jurisdiction and forum, the practical reality is that the party able to assemble…