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No censure attaches to having domain names registered by proxy/privacy services. However, while the practice has become routine for protecting privacy and sensitive information, registering in the name of a proxy is still taken into account in assessing intention, and even circumstantial evidence without contradiction or explanation can tip the scale in complainant's favor. more
Colombia has successfully defended itself against a $350 million lawsuit filed by U.S. company Vercara, formerly known as Neustar, in a legal battle over the management of the ".co" internet domain. more
The new Top-Level Domain (TLD) process is occupying a lot of people in the domain name industry at present. While some people are obviously very much against the entire concept of new TLDs, there are plenty of people and organisations who support the project. But what happens when you have more than one organisation vying for the same namespace? ...Seemingly the competition between two rival bids for .eco (doteco) has been getting more than a little dirty in the past few weeks. more
In the discussions proceeding the World Intellectual Property Organization (WIPO) publishing The Management Of Internet Names And Addresses: Intellectual Property Issues (Final Report, April 30, 1999) that ultimately led to the ICANN implementing the Uniform Domain Name Dispute Resolution Policy (UDRP) (1999) commentators considered three remedies to combat cybersquatting: suspending, cancelling, and transferring infringing domain names. more
On July 10th Architelos released the first NameSentry Report, benchmarking abuse levels in the domain name industry. For some time now, a debate has raged about the potential impact of new gTLDs on Internet safety and security, namely abusive registrations such as phishing, spam, malware, and so on. However, without benchmarking the current state, how can we realistically evaluate if new gTLDs have made any measureable difference in the level of abuse? more
On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that "[t]here is no doubt Respondent is in the business of being a reseller of domain names that consist of common English words" and then suggested that the "fundamental question before the Panel is whether or not such a business should be allowed under the UDRP." He concluded that such a business should not be allowed... more
My Pattishall colleagues Brett August, Bradley Cohn and Alexis Payne recently won another round in a closely watched lawsuit involving Google and others regarding allegedly unfair use of domain names. The plaintiffs had attempted to bring a class action against multiple defendants for purported trademark infringement, cybersquatting and deceptive trade practices. more
Joe Schoenmann of the Las Vegas Sun reports: "The Las Vegas City Council will debate today whether to strike a deal with an Internet entrepreneur who seeks to use the Internet suffix .vegas -- over the objections of Clark County officials and one local company who say the city is jumping the gun and in the process likely shortchanging Las Vegas and county taxpayers. The council will consider endorsing a proposal by Dot Vegas Inc., to create the top-level Internet domain ".vegas" -- a new suffix that could be used in addition to the familiar .com, .net, .gov or .org suffixes that end most Web addresses." more
I outline two possible drawbacks with the idea of first revealing rules for the new proposed Top-Level Domains (TLDs) and then for second-level registrations. I propose a lottery process to initially allocate second-level domain names. A number of people have voiced concerns about the idea of automatically granting the winner of the TLD a monopoly power over second-level domain registrations. We should also be worried about the financial interest ICANN has in not providing the rules for the two-level registrations simultaneously. more
Two Uniform Domain-Name Dispute-Resolution Policy (UDRP) decisions posted this month involved domain names registered 20 and 21 years ago, David Duchovny v. Alberta Hot Rods c/o Jeff Burgar, 21 years and Commonwealth Bank of Australia v. Registration Private, Domains By Proxy, 20 years. Complainants prevailed in both cases. The domain names stand out as being the oldest to have been found registered in bad faith, and transferred. more
In the matter relating to O.COM, I've focused on the fact that VeriSign has -- in correspondence to the organization that is counter-party to its .COM and transliterated .COM IDN Registry Agreements, in earnings calls with its investors and financial analysts, and in policy published on its website for every innocent and unsuspecting Tom, Dick, and Harry in the world to be duped by -- stated an unequivocal and unwavering commitment . more
The manager for .nz announced today that they have launched a registry replacement process and are calling for expressions of interest from potential service providers by November 29th. more
Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more
Is there any act more primary than naming? It comes before all else and makes possible what follows. For the most part, names are drawn from cultural assets: collections of words, geographic locations, family names, etc. They can be valuable, which is why they are guarded, protected, and hoarded. The balancing of rights among those competing for names is a deliberate feature of the Uniform Domain Name Dispute Resolution Policy (UDRP). more
Dictionary words, alone, combined as phrases, modified by other parts of speech, and single letters that function as marks also retain in parallel their common associations that others may use without offending third-party rights. As a rule of thumb, generic terms are not registrable as marks until they perceivably cross a threshold to suggestive and higher classifications. more
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