Following a post on the DomainState forum today, a number news and blogs have criticized Network Solutions for front running domain names that customers try to register. (See for instance today's report on DomainNameNews). Jonathon Nevett, Vice President of Policy at Network Solutions, has offered the following in response to the news break... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more
The number "5" license plate sold for $6.8 million dollars in Saudi Arabia and another 300 vanity plates sold for another $56 million at last week's auction. It is estimated that the number "1" will be auctioned next month for up to $20 million dollars. Domain names and license plates share some common characteristics. Both allow only one person to own a particular word or number. Of course, the exact same license plate 'word' or 'number' can be registered in every country and, in the USA, every state... more
In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more
Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
Bob Marley's Wailers, who eventually became known simply as the "Wailers" after Bob Marley's death, successfully argued for dismissal of this cybersquatting and trademark infringement lawsuit brought by band members of another Wailers musical group who started using the band name 10 years before Bob Marley named his group in 1969... more
The defendants in Dell's domain tasting suit responded last Friday. It looks like a pretty feeble response to me. Their main argument is that they're just the registrar, and deny Dell's claim that the registrants are fakes made up by the registrar. They also argue that they're not infringing, they didn't use the names in question in commerce, they were just acting as helpful search engines, you know, like Google or Yahoo. (The comparison to Google and Yahoo is theirs.) more
Dell filed a suit in Florida in early October against a nest of domain tasters in Miami, widely reported in the press last week... The primary defendant is a Miami resident named Juan Vasquez, doing business as several registrars called BelgiumDomains, CapitolDomains, and DomainDoorman, as well as a whole bunch of tiny companies of unknown authenticity... Those registrars have an egregious history of domain churning. I gave a talk on domain tasting at MAAWG in October in which I picked out the registrars who churned the most domains from the May registrar reports, and those three were the worst, each having registered about 500,000 domains, refunded over 10 million... more
Nominet has published a very detailed and comprehensive position paper on "front running". Although the paper is a mere 5 pages long it covers all the areas that the topic encompasses very well and is well worth a read. The topic of "front running" has received some publicity in the last few months. If you're not familiar with the concept Nominet's definition is helpful... more
Reported in the Washington Post no less: "Dell Takes Cybersquatters to Court". As reported a few weeks ago, this is a very thorough action targeting certain practices and practitioners... I'm surprised a suit this thorough didn't name Google as a co-defendant. Then again, maybe it's not that surprising because Google offers a well liked product, has a lot more money; and a search partnership with Dell that allows Dell to share in the profit when its users engage in "right of the dot" typosquatting on Dell keyboards. It's funny, because one day, Dell could find itself on the defendant's side of the courtroom... more
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
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
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
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