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In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent.
The Privately-owned Melbourne-based company AusRegistry that won a four-year contract on July 2002 from AuDA to provide registry services for Australia's .au ccTLD has reported an earning of $9 Million -- beating its original expectation by $3.5 Million. This earning comes from 52,640 new registration of .au, .org.au, .com.au, .asn.au, .net.au, and .id.au -- the majority portion consisting of .com.au. (pdf report)
AusRegistry has also recently won a contract to operate the registry for Solomon Islands domain names (.sb), and negotiating with five other countries that reportedly includes one "significant" ccTLD. The company is also interested in being authorized by the Australian Communications Authority to run trials of ENUM: "It just makes sense to do that, given the strength of the .au database...the cost to us is minimal, given we've got the existing infrastructure," said the AusRegistry's managing director Adrian Kinderis. [Source: news.com.au]
ICANN continues at its snail's pace on introduction of new top-level domains. At the Montreal meeting, staff sprung this RFP for new sponsored TLDs. As if "a few" and "sponsored" weren't limitation enough, it further narrowed the applicant pool to those who had applied unsuccessfully as sponsored TLDs in November 2000.
ICANN has just submitted its seventh status report under ICANN/US Government Memorandum of Understanding to United States Department of Commerce (DoC) titled: "Report by ICANN to United States Department of Commerce Re: Progress Toward Objectives of Memorandum of Understanding". The report provides a review of recent ICANN developments including...
The Internet Corporation for Assigned Names and Numbers (ICANN) concluded its Montreal meeting with a landmark agreement that cements the relationship between ICANN and the worldwide community of country-code top-level domain registries. "Today's agreement represents both a historic achievement for the ICANN process, and a powerful vote of confidence in the newly reformed ICANN 2.0," said Paul Twomey, ICANN's president and CEO.
Finalizing four years of dialogue and negotiation, the creation of the Country-Code Names Supporting Organization (ccNSO) heralds a new era of cooperative and productive relations among ICANN and the country-code domain registries. The structure and rules for ICANN's new ccNSO were endorsed by domain registry organizations and individual managers representing every region and populated continent. "Today's agreement is a testament to how ICANN is seen as a forum the international Top Level Domain administrators can come together and jointly address issues," said Twomey.
In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark's characteristics. The first part of this article can be found here. In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question.
John LoGalbo - a "law enforcement" type - is complaining how long it takes him to issue a subpoena. My thought is this: Why should our privacy suffer because his organization can't get its procedural act together?
I am incensed - he is simply stating a conclusion that his targets are "criminals" and that, to go after them, he wants to throw away all legal processes and procedures - so much for the fourth, fifth, sixth, and fourteenth amendments.
I'm going to try something new here. I'm sitting here at the ICANN meeting on whois and I'll try to jot down some of my thoughts as they occur to me in reaction to what is being said:
- What is the "purpose" of whois? When a person acquires a domain name he/she has a decision to make: whether he/she will give the vendor/registrar his/her personal information? (If not, the person might have to forego getting the name, but that's his/her choice.) It seems that that is the context in which we need to evaluate the "purpose" of whois. In other words, the person relinquishes the information for the purpose of acquiring a domain name and not the broad panopoly of uses that have grown around whois.
The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses.
Two controversial issues which were on the agenda of the Montreal ICANN meetings creating some irritation: the way of planning to create a country code support organization (ccNSO), and the discussions around the purpose and operation of WHOIS – the database of registrants of domains. Without going into the history of the ccTLDs withdrawing from their former role within the DNSO and moving towards a self organized structure, there is an obvious conflict revolving around the term...
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