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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
The past year has brought a rise in so-called "open and chartered" top-level domains (TLDs). Like the traditional open TLDs of .COM, .NET, and .ORG, these namespaces encourage large-scale registrations, but they differ in that they limit who can legitimately register domains. So far, many thousands of their registrations seem to break the stated rules. It's therefore worth thinking through their respective enforcement efforts -- before the situation gets out of control. more
Former President Theodore Roosevelt is not one whose remarks are usually associated with the domain name industry, but his commentary in 1913 could just as easily have been written today:
"The mob leaders usually state that all that they are doing is necessary in order to advance the cause of 'liberty', while the dictator and the oligarchy are usually defended upon the ground that the course they follow is absolutely necessary so as to secure 'order'. Many excellent people are taken in by the use of the word 'liberty' at the one time, and the use of the word 'order' at the other, and ignore the simple fact that despotism is despotism, tyranny tyranny, oppression oppression, whether committed by one individual or by many individuals, by a state or by a private corporation." more
Microsoft is a special company. By definition, its operating systems and Internet browser are no longer just "applications;" they constitute a platform. They are - for 90 percent of Internet users - the sole interface to all Internet content and services. The browser is its own little monopoly. Such is its dominance that Microsoft has the power of life and death over innovation. more
The new domains are coming! ?Dot-biz is going to be the next coming of dot-com?, I recently read in an article in the Denver Post. The buzz has begun. Seven new top-level domains have been approved by ICANN, the organization that governs domains, and could be available as early as spring of this year. The new domains approved are .biz, .info, .aero, .coop, .musuem, .pro, and .name. more
For about 3 years I had been studying graphic design and finally after much searching decided to use bmw-design.com for my domain name. I chose bmw for my initials Bernadette Maria Walker. I searched for availability on Network Solutions and was happy to see that it had not been taken, so I registered my new domain name. This all seemed very innocent to me and I even designed my logo around this name. Then 5 days later I got this letter via FedEx from BMW Motor Company in Germany... more
After a long and exhaustive process it was finally decided by ICANN to introduce seven new top level domains in December. Well, they are not really introduced yet because the United States Government has the final word and they have not approved of them yet. Did you understand what I just wrote - the United States Government decides what names you can have on the Internet? more
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