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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...
ICANN confirmed today that Judge A. Howard Matz of the U.S. District Court, Central District of California has issued an order dismissing VeriSign, Inc.'s anti-trust claims against ICANN, with prejudice. In dismissing VeriSign's anti-trust claims, Judge Matz noted that VeriSign had failed in its first amended complaint to sufficiently allege an anti-trust claim.
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.
This is the final part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "You have been visiting WSIS as a member of the German delegation. Could you share some of your personal impressions with us? Did you primarily look at WSIS as an ICT circus for governmental officials and development experts or was there something, no matter how futile, at stake there?..."
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.
A call to action went out: a small, California-based organization called People for Internet Responsibility (PFIR) posted an announcement for an urgent conference - "Preventing the Internet Meltdown." The meltdown that PFIR envisioned was not an impending technical malfunction or enemy attack. Instead, conference organizers foresaw "risks of imminent disruption" to the Internet that would come from an unlikely sector: government officials and bureaucrats working on the unglamorous-sounding problems of Internet Governance.
This is the second part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "So much in the current debates over global governance seems to go back to the issue what place governments and individual nation states have within global governance. What has been your ICANN experience? Ideally, what would be the place of the state? Do you believe in a federal structure? Should, for instance, bigger countries, in terms of its population, have a great say?..."
This is the first part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "You recently published a paper (in German) called 'The Short Dream of Democracy on the Net.' Your conclusion is a rather sombering one. How would you describe the current situation related to ICANN? You state that nothing has been learned from the failed At-Large Membership experiment. Would you even go that far and see a backlash happening right now?..."
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.
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...
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