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The .cm (Cameroon) ccTLD operators have discovered that since their TLD is simply one omitted letter away from .com, that there is a gold mine in the typo traffic that comes their way. Accordingly, Cameroon has now wild-carded its ccTLD and is monetizing the traffic. The upshot is that, if the Neiman Marcus / Dotster lawsuit over 27 domain names was properly characterized as "massive", then the Cameroonians are now going well beyond massive... more
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
The number of applications this year for the seven positions within ICANN has been so low that the NomCom has gone to the trouble of printing up pamphlets, holding a public meeting at Marrakech and extending the deadline by a fortnight. At the two public Board sessions in Marrakech the grand hall that was provided was virtually empty, sparking some debate as to why. Susan Crawford ventured that it was because ICANN was failing to connect with people; Vint Cerf suggested that ICANN was so successful at doing its job that people didn't feel the need to attend. Mouhamet Diop pointed out that we were in a French-speaking Arabic country and no one was going to sit through four hours of discussion if they didn't understand a word of it... more
If a UDRP panelist believes domainers are the same thing as cybersquatters, is he fit to arbitrate? I came across an editorial on CNET today by Doug Isenberg, an attorney in Atlanta and founder of GigaLaw.com, and a domain name panelist for the World Intellectual Property Organization. The guest editorial focuses on Whois privacy and why it's imperative to maintain open access to registrant data for intellectual property and legal purposes. That's a common opinion I've read a million times. Nothing groundbreaking there. But then I was shocked to read that Isenberg generalizes domainers as cybersquatters: "Today, cybersquatters have rebranded themselves as 'domainers.' Popular blogs and news sites track their activities..." more
If a court won't let you use your own name, you might feel like you're a mere ghost of your former self. That happened to Ed Kalis of Broward County, Florida. In a recent case, Florida's court of appeal considered whether a trial court's order against Kalis, enjoining him from using his own last name in various means of advertising and in the URL for his company's website, was proper. The appellate court held that the injunction was overkill. more
So Domain Tasting, where registrants (who may also be registrars) taste names and keep only those that have economic value, is now the target of a federal cybersquatting lawsuit, brought about by lawyers for major brand name retailers Neiman Marcus and Bergdorf Goodman against major domain name registrar Dotster. This Dotster lawsuit involves allegations of cybersquatting by registrars who use the Create Grace Period, which is mandated by ICANN for global registries... more
This is serious. I'm not joking. You can look it up. Morgan Stanley brought a UDRP action involving the domain name 'mymorganstaleyplatinum.com' against a registrant identified as "Meow ("Respondent"), Baroness Penelope Cat of Nash DCB, Ashbed Barn, Boraston Track, Tenbury Wells, Worcestershire WR15 8LQ, GB." The decision summarizes the response... more
Today, the ITU launched a new survey asking member states, ccTLDs and other ITU member organizations to provide answers to a specialized questionnaire asking for their experiences on the use of IDNs. The ITU states that it is reaching out to ccTLDs to "collect information and experiences on Internationalized Domain Names under ccTLD (country code Top Level Domain) around the globe." One of the goals of this survey is to collate information on the "needs and practices" of each ccTLD that is surveyed -- so as to compile a report from the ITU that speaks to the implementation of IDNs around the world... more
Is contextual advertising helping or hurting the web? It basically started with Google Adsense even though the concept wasn't new. It had never been done on the scale that Google did it. Now we have Yahoo Publisher. MSN is building their version. We have Konterra and a whole lot of other companies scrambling to cash in on the contextual ad craze. Initially contextual advertising seems like a good idea. Ads based on the content of your website that might benefit your readers or visitors. Ads that are related to the content you produce that will also help you make a little money for your efforts. However greed ruins all good things. Now there are probably millions of webpages online that are built for the sole purpose of cashing in on contextual advertising. ...To make money with contextual advertising you want your content to be bad. Yes, you want it to be bad. more
In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more
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