In the case of Lands' End, Inc. v. Remy, the defendant website owners were accused of crafting a clever scheme to get some extra commissions from their affiliate relationship with landsend.com. It looks like the scheme has backfired, however, as Lands' End's claim against the defendants under the Anticybersquatting Consumer Protection Act, [15 U.S.C. §1125(d)] ("ACPA") has survived a summary judgment motion and the case is heading for trial. more
Whatever you think the answer is (typically about ten bucks), the answer is likely to change radically for the worse, based on new contracts that ICANN is planning to approve. On July 28th ICANN posted proposed new contracts for .ORG, .BIZ, and .INFO, for a public comment period that ends four days from now, on the 28th. There's a lot not to like about these proposed contracts, but I will concentrate here on two related particularly troublesome areas, pricing and data mining. more
The first salvo on NANOG this morning in response to the launch of OpenDNS was a predictable lambasting along the lines of "here comes SiteFinder II". Fortunately the follow-ups were quick to point out that OpenDNS was a far cry from SiteFinder for the obvious reason that people have the choice to use it, nobody had a choice with SiteFinder. ...the real magic here can come from it's use in phishing mitigation. more
If a UDRP panelist believes domainers are the same thing as cybersquatters, is he fit to arbitrate? I came across an editorial on CNET today by Doug Isenberg, an attorney in Atlanta and founder of GigaLaw.com, and a domain name panelist for the World Intellectual Property Organization. The guest editorial focuses on Whois privacy and why it's imperative to maintain open access to registrant data for intellectual property and legal purposes. That's a common opinion I've read a million times. Nothing groundbreaking there. But then I was shocked to read that Isenberg generalizes domainers as cybersquatters: "Today, cybersquatters have rebranded themselves as 'domainers.' Popular blogs and news sites track their activities..." more
This is serious. I'm not joking. You can look it up. Morgan Stanley brought a UDRP action involving the domain name 'mymorganstaleyplatinum.com' against a registrant identified as "Meow ("Respondent"), Baroness Penelope Cat of Nash DCB, Ashbed Barn, Boraston Track, Tenbury Wells, Worcestershire WR15 8LQ, GB." The decision summarizes the response... more
Black Frog -- a new effort to continue the SO-CALLED Blue Security fight against spammers. A botnet, a crime, a stupid idea that I wish would have worked -- News items on Black Frog. Blue Frog by Blue Security was a good effort. Why? Because they wanted to "get spammers back". They withstood tremendous DDoS attacks and abuse reports, getting kicked from ISP after ISP. ...The road to hell is filled with good intentions. Theirs was golden, but they got to hell, quite literally, non-the-less. ...When Blue Security went down, some of us made a bet as to when two bored guys sitting and planning their millions in some café would show up, with Blue Security's business plan minus the DDoS factor. Well -- they just did. more
In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more
Today's Wall Street Journal discusses the fight over Whois privacy. The article on the front page of the Marketplace section starts by discussing how the American Red Cross and eBay use the Whois database to track down scammers: "Last fall, in the wake of Hurricane Katrina, the American Red Cross used an Internet database called "Whois" that lists names and numbers of Web-site owners to shut down dozens of unauthorized Web sites that were soliciting money under the Red Cross logo. Online marketplace eBay Inc. says its investigators use Whois hundreds of times a day..." more
Warner Brothers Entertainment, which owns the rights to The Dukes of Hazzard and related characters, including DAISY DUKE, failed in its UDRP case against the registrant of the domain name DaisyDukes.com. The Panelist determined that although WB had common law rights in the DAISY DUKE mark and the registrant lacked rights and legitimate interests in the DaisyDukes.com domain name, WB failed to demonstrate that the registrant had registered and used the domain name in bad faith. more
Most of us would be put off if a court issued a press release cheering the number of prisoners its judges had put behind bars or the number of tenants it had helped landlords to evict. That seems antithetical to the neutral adjudication of disputes, and ethical rules regularly decry such "appearance of bias." Yet WIPO seems to think it perfectly natural to crow about its arbitrators' favoritism for complainants against "cybersquatters" in UDRP proceedings. It issued a release that reads like a solicitation for trademark claimants' business, not a promotion of neutral arbitration services... more
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