Domain Management

In Rem Domain Name Proceeding: Sometimes “may” Means “must”

Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  more

New TLDs, Swiftly: This Is No Beauty Contest!

In response to ICANN's request for proposal (RFP) for the selection of new sponsored Top-Level Domains, Wendy Seltzer for the At-Large Advisory Committee (ALAC) urges ICANN to move quickly beyond "testing" to more open addition of a full range of new gTLDs in the near future and offers some general principles to guide that expansion. more

IP And The Internet: A Growing Need to Police Online Content

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. more

Diverting Traffic On The Web: Trademarks And The First Amendment

What's at the heart of cybersquatting may also be at the heart of free speech on the Internet: the diversion of Internet users looking for plaintiff's web site to defendant's web site. Cybersquatters register domain names to accomplish this, while meta-infringers (as we will call them) use HTML code and search engine optimization techniques. Meta-infringers do this by creating keyword density by using competitor's trademarks and permutations thereof in their website in order to rank higher in the search engine results when someone searches on the competitor's trademarks. more

Domain Name Issues In Russia

How are domain names dealt with in Russia? This article discusses current issues related to the registration and assignment of domain names in ".ru" zone (Russian top level country code domain) and trademark protection on Internet. more

If It Walks Like A Duck And Quacks Like A Duck It’s Probably A…?

It is time to revisit the old question regarding whether or not a domain name is actually 'property' and what this means to domain name registrants, registrations, ISPs and ICANN itself. What type of rights does a domain name confer? What responsibilities will the act of registering domain names suddenly bestow? more

With No Privacy Standards Who Knows Who Is Abusing The Whois Database

John Banks is a loan officer in New York. John's supervisor recently warned John about the potential number of bad loans he may be carrying as part of his portfolio. To dump some of the bad loans he might be carrying, John came up with a scheme. He pointed his web browser to www.whois.org and entered terms denoting disease or poor health such as 'cancer' and 'illness'. This query on the Internet's WHOIS database reported results of names and addresses of domain name owners who had developed websites devoted to providing information on certain serious illnesses. John compared these names and addresses with those in his portfolio of loans. For the matches, he canceled the loans and required immediate payment-in-full. more

Trend Towards Liberalization Of Country Domain Names: Enters .CN

On Monday 17 March, domain name registrations under the new Chinese Internet address, .cn, were available for the first time to registrants both inside and outside of China. As China's equivalent of .uk, or .us, the .cn domain space will be the Internet address of choice for Chinese consumers and for corporations interested in operating in one of the largest Internet markets. more

Exposing A Famous Secret: Well-known Trademarks Are Not Easily Diluted

Regarding a domain name dispute involving famous authors, the novelist, Louis Sachar, observed that "if some unrelated person is going to co-opt my name in cyberspace, and fails to use it to identify a web site related to my books or myself, that's going to endanger my career, as well as my reputation." Louis Sachar is one of nine famous authors for whom the Authors Guild, recently successfully snatched personal name domain names from a United Kingdom domain name registrant known as Old Barn Studios... more

Examining Stuart Lynn’s Domain Name Plans - Part I

Last month ICANN began soliciting comments on Stuart Lynn's A Plan for Action Regarding New gTLDs, which will be one of the Internet governance organization's primary discussion topics at its December meeting in Amsterdam. more

Invalid WHOIS Data: Who Is Responsible?

Suppose you wanted to know who operates a website at a given domain name. Perhaps you suspect that the domain name is pointing to a website that offers illegal content, or you may just want to send a comment to its authors. Conveniently, the Internet provides a so-called "WHOIS" system that ordinarily provides contact information for each registered domain. But in the case of many hundreds of thousands of domains, the WHOIS data just isn't accurate.  more

Domain Name Theft, Fraud And Regulations

When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more