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How Domain Name Typo-Squatters are Gaming Google

In a recent article, eWeek reports on researchers at Microsoft revealing large-scale, typo-squatting schemes that use "multi-layer URL redirection to game Google's AdSense for domains program". According to this report, the Microsoft Research Systems Management Research Group succeeded in tracking a ring of typo-squatters registering misspelled domain names that generated traffic for serving advertising from Google. more

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  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

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

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

A Closer Look at the Katie.com Domain Name Controversy

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.  more

Domain Name Proxy Service Not Inherently Evil

In the recent court decision of CyBerCorp Holding v. Allman case, although the registrant of the domain name 'cybertraderlive.com' did lose the Uniform Domain Name Dispute Resolution Policy (UDRP) case and was found to have acted in bad faith (having been a former customer of complainant), the decision is noteworthy as it finds that registrant's use of proxy service to keep contact information private, in and of itself is not evidence of bad faith... more

Zuccarini To Receive 30 Months in Prison

In a Press Release issued yesterday, February 26, 2004, it has been announced that Zuccarini (background here) will receive 30 months in prison for violating the Truth in Domain Names Act. At least two of the domain names mentioned in the press release, DINSEYLAND.COM and BOBTHEBIULDER.COM appear to have been registered by third parties and are pointing to pages of links... more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part III

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

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part II

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

India: Changing Trends in Passing-Off

In India, whilst the Intellectual property owners continue to face the problems of counterfeiting and infringements of their brand names/trade marks, the emerging trend amongst misusers appears to be adopting famous/well known marks as a part of their trading style/corporate name. Obviously, the intention is to choose a name that is easy to recollect and gives the impression of being associated with a well-known company. More often than not, in order to claim honesty in adoption, the marks are adopted in relation to a different business as that of the IP holder. Also it is common among misusers to slightly twist the name or add a descriptive suffix/prefix to the well-known mark. more

Domain Name Issues In Russia

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

UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part II

The first part of this article offered background examination on why Uniform Dispute Resolution Policy (UDRP) fails to apply to domain name renewals. Here, in the second part of this two part series, we will examine UDRP further by reviewing cases involving the renewal of domain name registrations. more

Jurisdiction over Domain Names: Too Much Law Or Too Little?

In the prior issue of CircleID, I described registrations by John Zuccarini. Many of Zuccarini's registrations are typographic variations on well-known domain names, and Zuccarini typically redirects users to sexually-explicit content and pop-up advertisements. Despite scores of UDRP claims and ACPA suits, plus a major case brought by the Federal Trade Commission, Zuccarini's registrations remain in effect -- more than 5,000 strong, in my researchmore

Exposing A Famous Secret: Well-known Trademarks Are Not Easily Diluted

Regarding a domain name dispute involving famous authors, the novelist, Louis Sachar, observed that "if some unrelated person is going to co-opt my name in cyberspace, and fails to use it to identify a web site related to my books or myself, that's going to endanger my career, as well as my reputation." Louis Sachar is one of nine famous authors for whom the Authors Guild, recently successfully snatched personal name domain names from a United Kingdom domain name registrant known as Old Barn Studios... more