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Martin Schwimmer represents owners of some of the most famous trademarks in the world. He focuses on international and domestic trademark and domain name counseling, prosecution and litigation. He has supervised worldwide trademark and domain name protection programs in a variety of industries, including luxury goods, apparel and professional services and has handled numerous trademark and domain name disputes and arbitrations. Martin was General Counsel of NameEngine, Inc., a domain name services company and is Vice President of the Intellectual Property Constituency of ICANN. Prior to NameEngine, Martin was a partner at Fross Zelnick Lehrman & Zissu. Managing Intellectual Property Magazine selected Martin as one of the best trademark lawyers in the United States.
Except where otherwise noted, all postings by Martin Schwimmer on CircleID are licensed under a Creative Commons License.
David Pecker is the chairman of American Media, Inc., publisher of, among others, National Enquirer and Weekly World News. 'Mr. Ferris' registered the domain name DAVIDPECKER.COM, had a PPC company host it, where it was keyed to ads for porn, because, according to the registrant, the word PECKER was in the domain name. Mr. Pecker brought a UDRP. Although 'Mr. Ferris' (as he is identified in the decision) did not seem (to me) that he could establish a bona fide intent to use the name in conenction with an offering of goods or services, and altohugh there seemed to be plausible evidence of bad faith, the UDRP was denied... more
ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. more
In the recent court decision of CyBerCorp Holding v. Allman case, although the registrant of the domain name 'cybertraderlive.com' did lose the Uniform Domain Name Dispute Resolution Policy (UDRP) case and was found to have acted in bad faith (having been a former customer of complainant), the decision is noteworthy as it finds that registrant's use of proxy service to keep contact information private, in and of itself is not evidence of bad faith... more
In a Press Release issued yesterday, February 26, 2004, it has been announced that Zuccarini (background here) will receive 30 months in prison for violating the Truth in Domain Names Act. At least two of the domain names mentioned in the press release, DINSEYLAND.COM and BOBTHEBIULDER.COM appear to have been registered by third parties and are pointing to pages of links... more
When domain names expire they leave skeletons - networks of inbound links that continue to funnel traffic to that name, even if ownership has changed. Via eWeek, we learn that Microsoft owned HARDWARE-UPDATE.COM and used the name for a site featuring Windows drivers. The domain name is embedded in various error messages in Windows 2000. However, Microsoft did not renew the domain name and Ultimate Search, a company that specializes in this sort of thing, scooped it up. Now the page provides sponsored links, courtesy of Overture. The article reports that the top sponsored link pays over $3 a click-through. more
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