Businesses may rely on domain names to conduct their day to day work, but that does not mean that they really understand what they are using or how important they are. Of course those of us in industry may feel tempted to either scoff at people's naivety or feel terribly frustrated with their ignorance, however neither action is particularly productive. Loic Damilaville, however, has tried to take a more practical and positive approach by publishing a white paper on domain name management. The document was published a few months ago in French and has since been made available in English. more
You all remember cybersquatting, a popular sport in the late 90s, right? McDonalds.com, JenniferLopez.com, Hertz.com and Avon.com thankfully all point to the right web sites today, but thaiairline.com, mcdonald.com, luftansa.com, gugle.com, barnesandnobles.com and other misspellings are fake web sites intended to trap the casual surfer with a hand that's a bit too much quicker than the eye... If you want to go to the McDonalds web site, you don't even spend the 10 seconds to look it up -- you will type McDonalds.com and expect to see the latest dollar meal menu. But the same is true for the other popular form of communication -- email... more
The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more
I have recently been a "victim" of the domain name tasting "scam". A domain name (.COM) which is related to me personally (and which was owned by someone else previously) expired and as I knew from Whois (which is another debate on its own) that the expiry date was coming up, I kept a watch on when it would become available so I could register it. To cut a long story short, it took me nearly 6 weeks to get the domain. Each time the domain dropped off the 5 day grace period (it is not really something that would generate ad revenue), it would be picked up by a different registrant... more
ICANN staff has published a draft report on dispute resolution procedures for IGO (inter-governmental organization) domain names. This proposal has deep flaws and should be rejected by the community, as it does not have the balance and protection of registrant rights present in the existing UDRP. Initially, the proposed policy would apply to new Top-Level Domains (TLDs), but via a Policy Development Process (PDP) it could be extended to existing TLDs. more
Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more
Microsoft has filed 3 cybersquatting cases at the beginning of September 2007, as reported in an Inside Indiana Business article. I took the liberty of accessing the cases via the PACER system, and posted the major documents... It looks like they're stepping up efforts to defend their trademarks, and seeking big damages in court, rather than go the way of the UDRP. These cases demonstrate that new TLDs should not be a priority with ICANN until the problems in existing TLDs are addressed. more
As if there weren't enough problems with lawyers sending out improper cease-and-desists, Wired News reports that a Nevada man has pleaded guilty to impersonating a lawyer to extort domain registrants to turn over their domain names. "A Nevada man pleaded guilty Thursday to his plotting to steal domain names from their legitimate owners by impersonating a California intellectual property lawyer and send threatening letters to domain name owners in hopes of convincing them to turn over the domains to him..." more
EURid, the entity charged with managing the .eu namespace, is reported to have taken action against an alleged cybersquatter based in China, Zheng Qingying... The last suspension "en masse" was directed against Ovidio when over 74 thousand domains were suspended. This time round the number is much lower -- a paltry ten thousand! In this instance there seems to have been a pattern of cybersquatting, with over a dozen ADR proceedings against the registrant in question. more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
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