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Those of you familiar with the American comic series "Peanuts" by the late Charles Schultz may be familiar with the recurring theme of Lucy's football. Lucy holds a football on her toe for Charlie Brown to practice a field goal kick. Charlie Brown realizes that the last 25 times Lucy has held the ball for him to kick, she pulled the ball out of the way at the last minute, causing him to trip and fall. Charlie Brown knows full well that Lucy may not keep the ball in place for him to kick, yet his determination gets him running towards that unlikely opportunity each and every time. more
This proposal outlines the creation of a new market for the efficient disposal of domain names that are about to expire and how Registrants are best included as an integral part of this process. This document does not make any proposals regarding the existing primary or secondary markets for domain names. Further, this proposal is not intended to criticise, condemn or make any declarations about the appropriateness of any particular primary or secondary market business models. more
When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance... more
In a recent decision, a World Intellectual Property Organization (WIPO) domain name arbitration panel dismissed a complaint filed by the Mexican Tourist Board (MTB) against Latin America Telecom (LAT) concerning the domain name "mexico.com." The panel went so far as to find that the complaint was brought in "bad faith" and made a finding of attempted "Reverse Domain Name Hijacking" against the MTB. ...In its complaint, the MTB argued that LAT had registered the domain name in "bad faith" in order to sell it for a profit at a later date. more
Every time an individual logs on to the Internet a pornographer is able to copy the stream of digital bits created by the computer user's Internet connection. The data bits are used to compile a database of information about Internet user buying habits and sexual tastes. These pornographers use the information secretly collected from logged in computers to alter the category or type of pornographic images uploaded onto various websites. Pornographers, for example, know that as a result the pornography in Cyberspace is of an extremely disturbing sort when compared to porn found in "real-space." Internet users are primarily known fans of sexual images of incest, bestiality, and torture. Cyber porn -- as it is often called -- is bigger, badder, and more extreme. more
Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting. When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate. more
The domain registrars discussion -- despite the occasional bizarrity -- mostly demonstrates that there is no unanimity among registrars on this issue. So, what arguments can be made in favor of either model, from a registrant's point of view? The thick domain registry model -- under the assumption that registries are more diligent with registrant data than some registrars may be -- helps take care of escrow concerns... more
The widely publicized auction of the domain name KerryEdwards.com ended Saturday night, but the search for a new owner continues. According to Matt Bentley, CEO of Sedo.com, the domain name brokerage managing the sale, a key bidder withdrew at a late stage in the auction, leaving the domain up for grabs among the dozen or so parties who had expressed a serious interest in purchasing the domain. more
I have been attending the Icann conference in Malaysia this week. One of the key events was the submission of the report from the Security & Stability Advisory Committee regarding Site Finder. In reading the committee's report I discovered what I believe is an incredible breakdown in logic and as a consequence, a very mistaken, or at least confused, set of conclusions. So, why do I say that? more
"CreditCards.com, the domain name, has been purchased for $2.75 million by ClickSuccess, L.P., an Austin, Texas-based firm specializing in marketing financial products online. The purchase, announced yesterday (July 20, 2004), represents the fifth highest selling price for a domain name on record." I have to admit, when I looked at those opening lines from a new press release today I started trying to find out who was behind the joke! more
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