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Tag: ICANN

Apr 25, 2019

ICANN Updates: Access to Domain Name Registrant Data Post-Blackout

ICANN Definition

As stated previously, the implementation of the European Union (EU) General Data Protection Regulation (GDPR) has created significant issues for brand owners with regard to identifying counterfeiters and combatting infringement online, resulting in increasing enforcement costs. Under the GDPR, domain name registrars are prohibited from publishing the name and contact information for domain name registrants. Personal data may only be processed if the registrant consents, for the performance of a contract, or for a legitimate interest of the data controller or a third party. As a result, the Internet Corporation for Assigned Names and Numbers (ICANN) launched an Expedited Policy… Read more

Sep 19, 2018

Trademark Enforcement Hampered by Disappearance of WHOIS Data

GDPR Affecting Trademark Enforcement

The biggest recent development involving ICANN results from the general data protection regulation known as GDPR and the regulation which became fully effective on May 25, 2018. Due to the regulation, ICANN decided to require domain name registries to remove public access to the contact names and details of domain name registrants. This action was implemented to protect the personal data and privacy of domain name registrants under the GDPR. The decision to limit data previously provided by the WHOIS service has had a severe negative impact on a number of interests. It has raised issues relating to security on… Read more

May 31, 2018

New Developments: Disappearing Data: WHOIS Blackout

Courtroom: ICANN Suing for Use of WHOIS Data

Further to our IP alert on May 22, two important developments have taken place in the last few days. First, on Friday, May 25 ICANN filed a legal action in Germany against EPAG, a German ICANN accredited registrar, seeking a ruling by the court on the continued ability of the registrar to collect WHOIS data and preserve it for access by those entities having a legitimate purpose. This action, intended to preserve WHOIS data, will be monitored by many intellectual property owners and associations and appears to be the first legal measure taken in order to ensure the continued ability… Read more