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Danish businessman Joacim Bruus-Jensen challenged the domain name www.joacimbruus-jensen.com in ICANN UDRP proceeding. He failed to prove enforceable trademark rights in his name and was denied relief in this decision by Panelist Derek Minus. Joacim Bruus-Jensen v. John Adamsen, Case No. D2004-0458 (WIPO Sept.29, 2004). The case should be considered before seeking to use the ICANN UDRP to take action based on the personal name of a business executive.
According to an article in the October 15, 2004 INTA Bulletin, several new "Policies Applicable to ICANN-Accredited Registrars" will be implemented by the end of 2004. The new Restored Names Accuracy Policy tales effect November 12 and requires that a domain name that was deleted due to the submission of false contact data or lack of response to a registrar's inquiries...
A paper by Dr. John C. Klensin, former Vice President of Internet Architecture at AT&T, a Distinguished Engineering Fellow at MCI WorldCom, and Principal Research Scientist at MIT. This paper has been reproduced with kind permission from the Internet Society. "Over the last few years, rising interest in internationalized domain names has been accompanied by interest in using those names at the top level and, in particular, replacing or supplementing country-code based domain names with names in the language of the relevant countries. This memo suggests that actually creating such names in the DNS is undesirable from both a user-interface and DNS management standpoint. It then proposes the alternative of translating the names so that every TLD name is available to users in their own languages."
The long awaited Service Concession Contract to operate the .eu registry was signed yesterday (Oct. 12). Now the European Commission will formally notify ICANN of the selected registry operator allowing official negotiations to commence between EURid and ICANN to have .eu put in the root. According to the press release, registrations could begin in six to nine months...
To date, end-users (of all levels of technical ability) who are trying to find a good domain name to establish an online identity have been endlessly frustrated by the lack of a method to fairly re-allocate "used" domain names. A full resolution to that problem is a separate (and much bigger) discussion...
I am writing this note in order to express my concern about an impending change in the root of the Domain Name System (DNS) and two of the largest Top Level Domains (TLDs). I am concerned that there is a risk of disruption to the net that has not been adequately evaluated and I am concerned that this change is being deployed without adequate monitoring or safeguards.
TLD registrations in the Internet's root-zone file currently are divided into two broad classifications: generic and country-code top-level domains. With respect to the latter classification, no new "strategy" is required to add further ccTLDs as a relatively well-working process is already in place to integrate the occasional new country-code top-level domain. With one of these two classifications under reasonably sound management, it is therefore perfectly understandable to see that the ICANN organization consequently views its obligation to "Define and implement a predictable strategy for selecting new TLDs" as a mandate "to begin the process of allocating and implementing new gTLDs"... the flaw in this conclusion, however, stems from the presumption that the Internet's taxonomy must necessarily contain only the two above-so-mentioned broad classifications. I am proposing a third TLD classification -- based on languages.
The MOU between the Department of Commerce and ICANN includes a series of specific milestones that the corporation is required to accomplish by certain specified dates. One of the specific requirements placed on ICANN by the agency is to define "a predictable strategy for selecting new TLDs using straightforward, transparent, and objective procedures that preserve the stability of the Internet...." The MOU goes on to state that "(strategy development to be completed by September 30, 2004 and implementation to commence by December 31, 2004)."
The Noncommercial Users Constituency (NCUC) is the constituency group representing civil society organizations in the formation of domain name policy. In August 2004 it initiated a process to nominate people to serve on the UN Secretary-General's Working Group on Internet Governance, as representatives of civil society. Our purpose was to assist the Secretary-General to identify qualified and widely-supported individuals capable of serving on the WGIG on behalf of civil society.
Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below.