Internet Governance

Policy decisions concerning the structure, mechanics, and organization of the Internet can have tremendous import for businesses large and small. Working with and through the international multi-stakeholder bodies responsible for Internet governance, our lawyers have helped clients understand and indeed shape the future of the Internet.

Starting in 2011, when ICANN's new generic Top-Level Domain program was in its nascent form, our lawyers have advised clients on the implications of expanding the Internet beyond the .com universe.

On behalf of Fortune 500 clients, our lawyers regularly advised and lobbied many different ICANN constituent bodies, such as the Governmental Advisory Committee and Intellectual Property Constituency, on such important matters are trademark protection, rights protection mechanisms, and effective methods of domain name dispute resolution. In one form or another, we advised, negotiated associated services agreements, and prosecuted approximately 200 gTLD applications submitted to ICANN.

Unlike traditional lawyers, we draw not only on legal but also technical backgrounds, and therefore have corresponding experience with matters involving the Internet Engineering Task Force (IETF), and the ability to interact with often-overlooked components of ICANN such as the Security and Stability Advisory Committee (SSAC) and the Root Server System Advisory Committee (RSSAC), whose deliberations throughout 2016 could have far-reaching implications for companies interested in submitting new or additional gTLD applications.


Domain Names Law

For Domainers and Brand Owners

With information security expertise and significant investigatory experience, we bring added firepower to the table when domain name disputes occur. We have successfully retrieved fraudulently acquired and hijacked domain names that were transferred internationally by employing thorough and forensically sound evidence collection processes. Once collected, we have successfully presented our findings to general counsels, lawyers, and TEACs at both the losing and gaining registrar, and have assisted clients navigate ICANN’s Transfer Undo Request Form (TURF) processes when necessary.

Our long experience and rich understanding of the Domain Name System (DNS) translates well to both the enforcement and defensive sides of Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings, Uniform Rapid Suspension (URS) proceedings, and national Dispute Resolution Proceedings (DRPs). On the one hand, we assist brand owners to manage and maintain their domain name portfolios and protect against trademark dilution, counterfeits, typo-squatting, and other headaches and maladies; on the other hand, we protect domainers from the zealous over-enforcement and misuse of legal proceedings to ensure the value of domains and portfolio as a whole are realized.

Within our trusted network of clients and partners, we also help domainers monetize and utilize domain names in a clean, legal, and efficient manner by securing short and long-term leasing of traffic. We help our clients accomplish revenue generation without resort to dubious tactics, such as pay-per-click revenue and trademark infringement, that could jeopardize ownership of domains.

For Registrars and Potential Registrars

Complementing our Internet Governance practice, our lawyers bring a wealth of experience to our practice of domain name law.

We help entities obtain ICANN registrar accreditation and assist them to navigate this arcane process from start to finish. We draft registrar accreditation application responses that are fully compliant with ICANN’s registrar accreditation agreement and all relevant registrar specifications, including business plans, customer service overviews, domain name registration projections.

Utilizing a trusted network of providers for back-end technical services and data escrow, we also streamline the negotiation and contracting process with third parties that are critical to a successful application. Finally, we hand-tailor every ICANN-required policy necessary for registrars to apply for accreditation and operate thereafter, including registrar-registrant agreements, privacy policies, terms of use, abuse reporting procedures, and emergency response protocols.

Once accredited, we actively support our clients and manage third parties to ensure registrar operations ‘go live’ in a timely fashion, and act as transfer emergency action contact (TEAC) once operational.