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The claim that the *only* way that reliable wait listing can be done by *the* registry is not true. The registrars could, as a technical matter, if they chose to do so, "wrap" the registry with a new entity that mediates all acquisitions and releases. Whether this accords with ICANN's hyper intricate contractual scheme or with laws against restraint of trade, I don't know.
Personally I consider WLS to be contrary to the idea that a contract contains an implied covenant of good faith and fair dealing - it seems to me that WLS violates that implied covenant - It is as if my doctor is selling contracts on parts of my body should I die while under his care. more
Members of the Domain Justice Coalition filed a lawsuit today requesting a temporary restraining order and other relief against ICANN to block the implementation of a domain name Wait Listing Service (WLS). The WLS was proposed by VeriSign, Inc. (pdf) and approved by ICANN in federal court in Los Angeles. The suit challenges ICANN's failure to comply with its internal decision-making process requirements when it approved implementation of the WLS in the face of opposition from domain name registrars, resellers and consumers. more
The Internet Corporation for Assigned Names and Numbers (ICANN) recently launched organizing of the individual Internet user community (At-Large) for increasing global participation and representation in ICANN. Under a framework approved by ICANN's Board of Directors, local and regional groups may now form in Latin America to involve their members in critical issues that effect their use of the Internet's domain name system. more
Pool.com has launched a lawsuit challenging the right of the Internet Corporation for Assigned Names and Numbers (ICANN) to proceed with a monopolistic new Wait List Service (WLS) this fall.
In a Statement of Claim filed in the Ontario Superior Court of Justice, Pool.com states that the new "WLS proposed by ICANN and Verisign Inc. will have the immediate and total effect of ending all competition among Registrars for dropped or deleted domain names" in the rapidly developing backordering industry. Pool.com seeks a court injunction preventing ICANN from proceeding with the WLS, a declaration that ICANN's actions constitute intentional and wrongful interference with Pool.com's trade and commercial prospects, as well as significant damages. more
In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more
The Privately-owned Melbourne-based company AusRegistry that won a four-year contract on July 2002 from AuDA to provide registry services for Australia's .au ccTLD has reported an earning of $9 Million -- beating its original expectation by $3.5 Million. This earning comes from 52,640 new registration of .au, .org.au, .com.au, .asn.au, .net.au, and .id.au -- the majority portion consisting of .com.au. (pdf report)
AusRegistry has also recently won a contract to operate the registry for Solomon Islands domain names (.sb), and negotiating with five other countries that reportedly includes one "significant" ccTLD. The company is also interested in being authorized by the Australian Communications Authority to run trials of ENUM: "It just makes sense to do that, given the strength of the .au database...the cost to us is minimal, given we've got the existing infrastructure," said the AusRegistry's managing director Adrian Kinderis. [Source: news.com.au] more
The Internet Corporation for Assigned Names and Numbers (ICANN) concluded its Montreal meeting with a landmark agreement that cements the relationship between ICANN and the worldwide community of country-code top-level domain registries. "Today's agreement represents both a historic achievement for the ICANN process, and a powerful vote of confidence in the newly reformed ICANN 2.0," said Paul Twomey, ICANN's president and CEO.
Finalizing four years of dialogue and negotiation, the creation of the Country-Code Names Supporting Organization (ccNSO) heralds a new era of cooperative and productive relations among ICANN and the country-code domain registries. The structure and rules for ICANN's new ccNSO were endorsed by domain registry organizations and individual managers representing every region and populated continent. "Today's agreement is a testament to how ICANN is seen as a forum the international Top Level Domain administrators can come together and jointly address issues," said Twomey. more
In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark's characteristics. The first part of this article can be found here. In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question. more
I'm going to try something new here. I'm sitting here at the ICANN meeting on whois and I'll try to jot down some of my thoughts as they occur to me in reaction to what is being said:
- What is the "purpose" of whois? When a person acquires a domain name he/she has a decision to make: whether he/she will give the vendor/registrar his/her personal information? (If not, the person might have to forego getting the name, but that's his/her choice.) It seems that that is the context in which we need to evaluate the "purpose" of whois. In other words, the person relinquishes the information for the purpose of acquiring a domain name and not the broad panopoly of uses that have grown around whois. more
The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses. more
Progress is being made towards launching a .eu top-level domain for European individuals, business and organisations.
On 22 May 2003, the European Commission announced its decision to designate the European Registry for Internet Domains (EURID) as the Registry for the new top-level domain (TLD) .eu. EURID is made up of three founder members ? the registry operators for the country code top-level domains (ccTLDs) .be (Belgium), .it (Italy) and .se (Sweden). The Commission?s decision follows a call for expressions of interest published last September and an evaluation by independent experts of the seven applications received. more
What's at the heart of cybersquatting may also be at the heart of free speech on the Internet: the diversion of Internet users looking for plaintiff's web site to defendant's web site. Cybersquatters register domain names to accomplish this, while meta-infringers (as we will call them) use HTML code and search engine optimization techniques. Meta-infringers do this by creating keyword density by using competitor's trademarks and permutations thereof in their website in order to rank higher in the search engine results when someone searches on the competitor's trademarks. more
On World Telecommunications Day last Saturday, the question of the digital divide?the difference between the so-called "developed" and "less developed" countries in terms of the availability and use of new information and communications technologies, particularly regarding access and use of the Internet?was one of the main topics of debate. However, less is understood about the growing knowledge and participation divide between "developed" and "undeveloped" countries on decisions regarding the global structure of the Internet that is currently under the mandate of the Internet Corporation for the Assigned Names and Numbers (ICANN)... more
How are domain names dealt with in Russia? This article discusses current issues related to the registration and assignment of domain names in ".ru" zone (Russian top level country code domain) and trademark protection on Internet. more
It is time to revisit the old question regarding whether or not a domain name is actually 'property' and what this means to domain name registrants, registrations, ISPs and ICANN itself. What type of rights does a domain name confer? What responsibilities will the act of registering domain names suddenly bestow? more
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