Hy.org – a very nice tribute by Rick Schwartz

While doing some research on LL.org names I came across Hy.org. The domain is actually owned by Rick Schwartz and is a digital tribute to his Father, Hy. Rick put the site up 18 years ago this July 7th. Rick bought the name for $400 on Ebay. Very cool on Rick’s part using a 5 […]

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How to Dispute a Third-Level ‘Country-Code’ .com Domain Name (Such as nike.eu.com)

Shortly after I recently wrote about WIPO's new role as a domain name dispute provider for the .eu ccTLD, the Forum published its first decision on another type of "eu" domain name: eu.com.

The decision involved the domain name nike.eu.com. What makes this case interesting is that it represents one of the few .com domain name disputes that includes a country-code in the second-level portion of the domain name.

To be clear, the .com top-level domain is subject to the UDRP — which means that domain names in the second level (such as "example" in example.com) can be disputed under the UDRP. But, historically, third-level .com domains (such as "three" in three.example.com) have been considered outside the scope of the UDRP.

CentralNic Dispute Resolution Policy

Despite this, the registrants of a handful of second-level domain names that correspond to country codes have adopted domain name dispute policies for third-level domain names. Most of these second-level domain names are controlled by CentralNic, a registry operator:

.ae.org.africa.com.ar.com.br.com
.cn.com.de.com.eu.com.gb.com
.gb.net.gr.com.hu.com.hu.net
.jp.net.jpn.com.kr.com.mex.com
.no.com.qc.com.ru.com.sa.com
.se.com.se.net.uk.com.uk.net
.us.com.us.org.uy.com.za.com

Third-level domain names registered within these second-level domains are subject to the CentralNic Dispute Resolution Policy ("CDRP"). In addition, the operator of the .co.com domain name has adopted the UDRP for third-level domain names.

CDRP v. UDRP

The CDRP is very similar, but not identical, to the UDRP. Here are a few key differences:

  • The CDRP defines a "domain name" as "any domain name registered under a sub-domain provided by CentralNic," while the UDRP applies to second-level domains within those top-level domains that have adopted the UDRP (such as .com, .net, .org and all of the new gTLDS).
  • The CDRP requires a trademark owner to participate in a 10-day free CentralNic mediation process before filing a CDRP complaint. The UDRP contains no such mediation process.
  • The third element of the CDRP requires only that a trademark owner prove that the domain name "should be considered as having been registered or being used in bad faith" (emphasis added), but the UDRP requires a trademark owner to prove both registration and use in bad faith.

The Forum (formerly the National Arbitration Forum) is the only CDRP-approved dispute resolution provider and has handled about a dozen CDRP cases since 2015. But the nike.eu.com case was the first one involving the "eu" second-level domain.

The nike.eu.com Decision

The panel in the nike.eu.com case apparently found the dispute straightforward, writing that "Complainant's NIKE trademark is well-known and registered in many countries throughout the world" and noting that "Respondent uses the <nike.eu.com> domain name to perpetrate a phishing scheme whereby <nike.eu.com> website visitors, who may also be Complainant's customers, are deceived into revealing proprietary personal data such as email addresses and account passwords."

As a result, the panel ordered the nike.eu.com domain name transferred to Nike, Inc.

A Reminder for Trademark Owners

While there's nothing novel in the nike.eu.com decision, the case is an important reminder that some third-level domain names within .com (and also .net and .org — as the list above shows) are subject to a very useful dispute policy. Trademark owners should consider these policies if a dispute arises.

Written by Doug Isenberg, Attorney & Founder of The GigaLaw Firm

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More under: Cybersquatting, Domain Names, Top-Level Domains, UDRP

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For NBA stars, branding goes beyond the court

Remember these commercials? The shoes were Nikes, but to basically every kid in America, they were "Air Jordans." Michael Jordan was, and still is, the brand. His net worth today is $1.3 billion. The lucrative partnership is an example of how Nike leveraged an athlete's popularity to sell shoes. Back then, what mattered most was Jordan being a great player. Nowadays, how good you are on the court is only one factor in a star athlete's earning potential. “These guys now see themselves as businessmen, professionals," said Todd Fischer, Senior Vice President at Global Sports and Entertainment. "They play basketball but then the also understand that they have that platform to do other things with, and they are thinking beyond their playing careers." The average NBA career lasts less than five years, so the earning window for a pro basketball player is short.  In fact, social media savvy kids who are good at sports start developing their personal brands in high school, according to Denise Lee Yohn, author of the book "What Great Brands Do." “Athletes have become much more aware of their long-term earning potential and they want to start early and feed that,” she said. Related Nike dominates basketball shoes. Adidas wants in. Why aren't people watching women's basketball? Most stars will sign with a large company like Nike, Adidas or Under Armour. But some want to try to make it on their own. Lonzo Ball is expected to be one of the top three picks in this year's draft. His father, LeVar, has been outspoken about his belief that his kid's brand is going to be worth billions. And he doesn't want to share the wealth with those big companies. The Balls have already launched an independent label, Big Baller Brand. The Sports World is Forever Changed. Introducing Lonzo's 1st Signature Shoe: The ZO2 Prime. pic.twitter.com/5JN1OLxlZS — Big Baller Brand (@bigballerbrand) May 4, 2017 You can pre-order a pair of BBB sneakers that will be autographed by Lonzo and ship in November, or you can buy shirts or hats with the company's logo. It's no Nike swoosh, and the Balls aren't Nike. They can't lean on economies of scale like those larger brands. They're not filling millions of orders, so they can't just manufacture a bunch of products on the cheap in China. If you want a pair of Lonzo's autographed shoes, they're going to cost you $995.
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America’s great divide: Those who stayed in their hometowns and those who left

It feels like America is more divided than ever before. Surveys even show that the country's major political parties have very unfavorable views of each other. But maybe we need to reframe the cause of some of the polarization happening in our country. Chris Arnade, a reporter for The Guardian, argues that it might not be about conservatives vs. liberals. Instead, polarization in the U.S. might have to do with those who had an elite education and those who didn't, along with whether or not you decided to leave your hometown. He joined us to talk about these divisions and how they play into a person's worldview. Below is an edited transcript.  David Brancaccio: You've come up with a very interesting construct here. You don't think it's liberal vs. conservative, rural vs. urban? Chris Arnade: It's back row vs. front row, meaning people with elite educations vs. people without them. Currently, and the way our world is structured, I think you have a lot more power and a lot more economic and cultural power when you have that education. So I think it's really divided the world into people who have that and those who don't. Related How local communities are trying to rebuild America In an Ohio community, division over a Trump presidency From Donald Trump to Sheryl Sandberg: what they want graduates to know about success   Brancaccio: And also it's connected to people who haven't left where they grew up?  Arnade: Right. People who define themselves by their careers and are willing to move very often vs. people who stay in their communities. Brancaccio: And the people who stay in their communities, you think they skew more in support of, for instance President Trump? Arnade: Especially white voters. That's very much the case. If you're white and you stayed in your community, you generally vote for Trump. Brancaccio: You stayed in your community — what accounts for that, do you think? Is it about economic opportunity? Is it about the culture that comes from sticking around where you're from? Arnade: It's a little bit of both. I think that there are people who define themselves and define their worldview and define their sense of worth as what they add to their community, or what they add to their family, or what the family adds to them. That takes precedent over, perhaps, career. Now there are also people who don't have the opportunity to move who may have to stay to take care of relatives. But again, it's kind of just a different worldview. It's the idea that "this is where I want to be." When I ask people who generally have lived their entire life in the same community, why they stayed there, they just kind of look at me like I'm asking an absurd question. They just simply say, "Well, it's home," as if that wasn't really ever an option.  Brancaccio: But what do you mean? I mean, people who have traveled for their careers are no longer anywhere near their hometown and they want the best for their family, want the best for their country. They probably would agree with the hometown folks on things like, "I wish public education were better. I wish bridges weren't crumbling in America." Arnade: I think everybody cares about their family, wants their children to have a better life than them. But it's kind of how they play that out. Do they go to a new town and form a new family and raise their family there, or do they stay connected to to where they were born and the land that they remember as a child? That's kind of given them different perspectives on how they think the country should move going forward. 
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Three Reasons Why Broadband Is So Unreliable

We all take the predictability and reliability of other utilities for granted. So why is broadband such a frustrating exception? Why do our Skype calls fail mid-way? What makes Netflix buffer like crazy? How come our gaming sessions are so laggy?


No real experience intention

Imagine if the design of your electrical supply was optimised to apply the biggest possible voltage and current to anything that was plugged in. That would clearly be ridiculous!

Imagine if the design of your kitchen tap was optimised to deliver as much water as possible at the highest possible pressure the moment you turned it on. That would clearly be ridiculous!

Imagine if the design of your gas cooker was optimised to burn everything to a crisp as fast as possible in a white hot inferno. That would clearly be ridiculous!

So, why have we optimised broadband to deliver as much bandwidth as possible? That's clearly ridiculous!

In order to work, applications need enough packets to arrive "fresh" enough. In other words, they are sensitive to quality, and need a sufficient quantity of good enough quality. Instead, we've aimed to deliver a maximum quantity with an undefined quality.

This is disconnected from what the user values, unlike all the other utilities. There is no specific experience intention, merely a "you get what you get".

Missing engineering specification

With a domestic AC power supply, we primarily define its quality through having a stable voltage and frequency. With gas we have a regulated composition and energy content. With water, it has to be potable and delivered under sufficient pressure.

So what's the specification for the quality of broadband? It is, and please don't laugh too hard, purely accidental. Yup, the quality of all current ISPs is an emergent property of random processes. Whilst it may be a stable and managed property, it is (unlike all those other utilities) not engineered to a specification with a known safety margin.

The quality of your broadband can and will suddenly shift (under load) in ways your ISP has effectively no control over. Some genius came up with the PR term of "best effort" to describe "out of control" and "not engineered".

Inappropriate operational mechanisms

With power, gas and water we understand that there are switches, valves and taps to regulate flow. With networks we have buffers. And we've chosen the wrong kind. Absolutely everywhere. Honest!

In every network you are likely to encounter, the default policy is to send as many packets as quickly as possible. After all, we wouldn't want any expensive data link to become sinfully idle, would we? We want a network that is busy, busy, busy!

Regrettably, this is a really dumb thing to do. Other industries figured this out decades ago with their 'lean' revolutions. More work in progress and busyness is not the same as delivering value.

What is happening is that we are sending packets into networks faster than downstream data links can process them. The excess "work" we do can only have one effect: those packets get in the way of other data being delivered, without creating any value.

So we have optimised our networks for instability and overload, not for smooth flow of packets within the inherent limits of the system. This architecture error (called "work conservation") is ubiquitous.

The core (and mistaken) industry belief that the job of the network is to create as much "bandwidth" as possible by delivering as many packets as fast as possible. It doesn't matter whether it is cable, cellular, DSL, fibre or any other bearer: everyone is selling on bandwidth with unpredictable quality.

This is not the same as delivering a predictable user experience. Whoever first switches to an outcome-centric and engineered performance model may well revolutionise the broadband industry.

Written by Martin Geddes, Founder, Martin Geddes Consulting Ltd

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More under: Access Providers, Broadband

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