Whois and GDPR: the US response is underway

Since the GDPR took effect in May 2018, WHOIS databases have gone dark, to the dismay of investigators and right holders. The article reports the American counter-offensive: on 26 February 2020, Congressman Bob Latta introduced a resolution urging that WHOIS records — 'the identity card of a website' — remain accessible, in the name of national and economic security, intellectual property, cybersecurity, health and privacy itself. The difficulty is squaring such legislation with the GDPR: American registries and registrars would face contradictory obligations. The author sketches possible compromises — disclosing professional contact data only, or withholding data solely for EU-domiciled registrants — while doubting the European Commission would embrace them. The transatlantic tug-of-war over WHOIS access was only beginning.

Rush and Distribution: A Sector Map of the 2026 Reveal Day

On 7 October 2026, ICANN published the applications filed in the first new gTLD round since 2012: 1,614 primary applications for 986 distinct strings, submitted by 480 entities. That is fewer than in 2012 (1,930 applications for 1,409 strings), with evaluation fees now at USD 227,000, but the round is more contested: 55% of applications face a competitor, against 39% in 2012. Assigning each string to a sector reveals a demand driven by digital technology. Artificial intelligence is the most fiercely disputed sector, with .AGENT drawing thirteen applicants, and the leading AI companies have secured their own names. Brands have responded with restraint: 333 .BRAND applications, one in five, only nine of them French. Geographic names, so prominent in 2012, have almost disappeared, while niches such as health and the professions are emerging, including a community application for .AVOCAT. For trademark owners, the priority is to screen the list before the objection period opens on 17 November 2026.

9 October 2026
Initially published on iptwins.com

DNS Abuse: How Can Domain Names Linked to the Same Actor Be Connected?

On 18 August 2026, ICANN published for public comment the Initial Report of its DNS Abuse Mitigation Policy Development Process (PDP 1). Among its proposals are Associated Domain Checks: when a registrar acts on an abuse report, it should also examine the other domain names held by the same customer. In its comments of 25 September 2026, the WIPO Arbitration and Mediation Center supports the approach but points out its main limitation: the checks stop at the edge of a single registrar's portfolio. Bad actors know this and spread their registrations across several registrars, which hampers consolidated UDRP proceedings. WIPO suggests exploring cross-registrar mechanisms without saying which data could link the names. The article argues that payment data, pseudonymised, could serve as that common denominator, while acknowledging its limits (prepaid cards, fraud, multiple payment methods): an indicator rather than proof. It marks a shift from a one-domain, one-investigation logic to a network approach.

28 September 2026
Initially published on iptwins.com

Online Trademark Infringement: When the Corporate Veil Does Not Shield the Director

In a judgment of 7 October 2026 (No. 25-14.170), designated for publication in the Bulletin and the Rapport, the Commercial Chamber of the French Court of Cassation clarified when the manager of an SARL may be held personally liable for trademark infringement committed through the company's e-commerce website. First, the civil court must determine whether the acts personally attributed to the manager constitute the intentional criminal offence of trademark infringement under Article L. 716-10 of the French Intellectual Property Code. If they do, the offence is misconduct separable from corporate duties under Article L. 223-22 of the Commercial Code, and no prior criminal conviction is needed. Second, the manager's refusal to ensure compliance with a court order requiring the company to produce accounting and commercial documents is itself separable misconduct, even though the order was addressed to the company and not to him. Rights holders thus have two independent routes to the director's personal liability.

26 October 2026
Initially published on iptwins.com

Rush and Distribution: A Sector Map of the 2026 Reveal Day

On 7 October 2026, ICANN published the applications filed in the first new gTLD round since 2012: 1,614 primary applications for 986 distinct strings, submitted by 480 entities. That is fewer than in 2012 (1,930 applications for 1,409 strings), with evaluation fees now at USD 227,000, but the round is more contested: 55% of applications face a competitor, against 39% in 2012. Assigning each string to a sector reveals a demand driven by digital technology. Artificial intelligence is the most fiercely disputed sector, with .AGENT drawing thirteen applicants, and the leading AI companies have secured their own names. Brands have responded with restraint: 333 .BRAND applications, one in five, only nine of them French. Geographic names, so prominent in 2012, have almost disappeared, while niches such as health and the professions are emerging, including a community application for .AVOCAT. For trademark owners, the priority is to screen the list before the objection period opens on 17 November 2026.

9 October 2026
Initially published on iptwins.com

Article Information

Author

Emmanuel Gillet

Publication Date

18 March 2020

Industry

Related Decision(s)

Please select listing to show.

Filter articles

Filter for Topics
Filter for Industries
Filter for Jurisdictions