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Law / Featured Blogs

Twenty Myths and Truths About IPv6 and the US IPv6 Transition

After hearing over 350 presentations on IPv6 from IPv6-related events in the US (seven of them), China, Spain, Japan, and Australia, and having had over 3,000 discussions about IPv6 with over a thousand well-informed people in the IPv6 community, I have come to the conclusion that all parties, particularly the press, have done a terrible job of informing people about the bigger picture of IPv6, over the last decade, and that we need to achieve a new consensus that doesn't include so much common wisdom that is simply mythical. There are many others in a position to do this exercise better than I can, and I invite them to make a better list than mine, which follows. more

WIPO Recommends Uniform Registration for New gTLDs

The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual property (IP) protection mechanism designed to further curb unauthorized registration of domain names in all new generic Top-Level Domains (gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at WIPO Arbitration and Mediation Center, says that such a preventive mechanism would complement the curative relief provided by the existing Uniform Domain Name Dispute Resolution Policy (UDRP). more

Morgan Freeman Wins Transfer of morganfreeman.com from Cybersquatter

Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more

Wal-Mart on the Domain Name War Path

Wal-Mart seems to have been particularly vigilant lately about protecting itself from third parties setting up websites critiquing Wal-Mart and its practices. ...Wal-Mart recently scored a victory in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy ("UDRP") before the World Intellectual Property Organization ("WIPO") against Jeff Milchen, a self-proclaimed critic of Wal-Mart from Bozeman, Montana who registered the domain name "walmartfacts.biz". more

Whois Privacy vs. Anonymity

The Internet is often a lawless place. Everyone knows that there are many tricks and traps lurking on the Internet, just waiting to prey on unsuspecting and innocent users. Some of these traps will trash your computer while others will turn your PC into a zombie that will broadcast messages at the virus writer's command. ...The list of annoyances and downright criminal activities seem endless. ...To make the Internet a safer place both legislators and law enforcement are now focusing on the Internet. In the crossfire that's taking place there are many ideas that are being offered up. Some of them are good and some are not. One bad decision that was recently forced upon the Internet community (without hearings -- more on this later) was to eliminate private domain name registrations for .US domain names. ...It's important to understand the difference between privacy and anonymity. more

Domain Name Dispute Cases Increased by 6.6% in 2004

In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported... more

Are We Attending the Right ICANN Meeting?

I have no idea who wrote that wonderful piece, Time for Reformation of the Internet, posted by Susan Crawford. (It wasn't me - I never use the word "netizen".) Elliot Noss of Tucows wrote a partial rebuttal, I must be attending the wrong ICANN meetings. Elliot's company, Tucows, has been a leader in registrar innovation and competition. And Tucows has constantly been among the most imaginative, progressive, responsible, and socially engaged companies engaged in these debates. ...But the points made by Time for Reformation of the Internet go far beyond registries and registrars. more

Putting a Spammer in Jail

The country's first criminal trial about spam ended in Leesburg, Virginia earlier this month with a conviction of Jeremy Jaynes, better known under his nom de spam of Gavin Stubberfield. I was an expert witness for the prosecution, the Commonwealth of Virginia. The case was brought under Virginia's state anti-spam law, not the weaker Federal CAN-SPAM act... more

Relief Denied to Personal Name of Danish Businessman

Danish businessman Joacim Bruus-Jensen challenged the domain name www.joacimbruus-jensen.com in ICANN UDRP proceeding. He failed to prove enforceable trademark rights in his name and was denied relief in this decision by Panelist Derek Minus. Joacim Bruus-Jensen v. John Adamsen, Case No. D2004-0458 (WIPO Sept.29, 2004). The case should be considered before seeking to use the ICANN UDRP to take action based on the personal name of a business executive. more

Your Trademark Sucks.com

Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more