Domain Management

Google Sued in Domainer Lawsuit: Vulcan Golf v. Google

Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims.

Domain Names Can’t Be Trespassed: Utube.com v. YouTube

Boy, this case got a lot of attention when it was first filed (which isn't surprising; YouTube lawsuits usually do). You may remember the story: the plaintiff is a dealer of used tube mills, used pipe mills and used pollforming machines. The plaintiff operated a website at utube.com. As you might expect, like most other industrial B2B vendors' websites, utube.com had a small but targeted audience. With the phenomenal and quick rise in popularity of YouTube, a lot of web users mistyped youtube.com and entered utube.com instead, causing utube.com to suddenly experience disproportionate popularity. Unfortunately for the plaintiff, few of these visitors were interested in pollforming machines... The plaintiff sued YouTube for trademark infringement...

Defendant iREIT’s Answer in the Verizon Case

Defendant iREIT filed its answer on May 25, 2007, to the recent complaint by Verizon alleging cybersquatting. As in the prior article, these are the public court documents and nothing has been proven by either side in a court of law.

Domain Speculation: Attack of the TechnoPinkos

This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better...

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process.

Book Review: Sex.com by Kieren McCarthy

On the face of it, Kieren McCarthy's Sex.com was a book that could have written itself: a notorious, well-publicised feud over the most valuable domain name in existence, between two charismatic men -- one a serial entrepreneur with a weakness for hard drugs (Gary Kremen), the other a gifted con-man with delusions of grandeur (Stephen Cohen). It's a story replete with vicious acrimony, multi-million dollar lawsuits, and rumours of gunfights between bounty hunters in the streets of Tijuana. Thankfully, McCarthy wasn't content to just bundle together all the articles he's written about Sex.com over the years and slap a cover on the front...

Criminal Checks Needed for Domain Name Tasting, Kiting, Spying

International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues...

.xom, BrandJacking and Error-Search

BusinessWeek is running a column called 'Brandjacking' on the Web. In summary, nobody likes deliberate cybersquatting or typosquatting. But if Typo domain-names did not exist, the traffic would continue to flow to Microsoft or Google via the browser's error search where those very large companies would make money in the same manner as the 'evil cybersquatters'...

Verizon vs. iREIT et al Court Documents: What Can We Learn?

Verizon filed sued against iREIT and Domain Marketplace a couple of weeks ago in a Texas court, alleging cybersquatting. David Kesmodel's blog broke the story, and I used the PACER system to obtain the court filings, which are posted here. Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet."

An Alternative to .XXX: IANA Adult Port Assignments

As an alternative to the creation of the .XXX TLD, ICANN/IANA can assign special port numbers that can be used to label adult content. IANA assigns port numbers as part of its duties. For example, port 80 is reserved for the HTTP protocol (i.e. the World Wide Web). Port 443 is reserved for the HTTPS protocol (SSL-secure version of HTTP). Port 23 is for Telnet, port 25 is for SMTP, and so on. One can see the full list at here... In a real sense, the IANA port assignments are just suggestions to the world as to what to expect on certain ports, whether it be a mail server, WHOIS, FTP, POP email or any other service/protocol.