From the beginning, the Internet has been viewed as something special and "unique." For example, in 1996, a judge called the Internet "a unique and wholly new medium of worldwide human communication." The Internet's perceived novelty has prompted regulators to engage in "Internet exceptionalism," crafting Internet-specific laws that diverge from regulatory precedents in other media. Internet exceptionalism has come in three distinct waves... more
The National Arbitration Forum today announced that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008. The National Arbitration Forum, approved by ICANN, provides domain name dispute resolution services under policies like the Uniform Domain Name Dispute Resolution Policy (UDRP). Nearly all 1,770 cases filed (98%) in 2008 involved UDRP domain names, like .com and .org and the rest involved usDRP domain names with the .us extension, according to the announcement... more
The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more
When it drafted the .eu regulation EC 874/2004, the Commission reserved for itself a (long) list of domain names. One of them was galileo.eu. For obvious reasons, Galileo Lebensmittel GmbH & Co. KG claimed before the Courf of First Instance that the Commission's decision to reserve galileo.eu should be annulled... more
I don't want to get into the entire Irish Recorded Music Association (IRMA) vs Eircom and IRMA vs ISPs debacle. The only reason I'm even writing this is because I'm getting a bit tired of all the "quotes" of "quotes" and other unclear and misleading things that people have been saying about ISPs over the last few weeks. more
Adding to the flurry of gambling news of late, the Washington Court of Appeals issued a decision today that found peer-to-peer betting company (betcha.com) did not violate Washington state gambling laws. The court runs through some other issues underlying the statute, but the net result is that Betcha is off the hook... for now. Read more... more
It's a late entry, but this opinion may be a dark horse candidate for the most bizarre case of 2008. Meyerkord was a Zipatoni employee and listed as the registrant on domain names at Zipatoni's Register.com account. Meyerkord left in 2003. In 2006, Zipatoni ran an astroturfing viral campaign for Sony to promote the Play Station Portable at the domain alliwantforxmasisapsp.com... Unfortunately for Sony -- and Meyerkord -- the campaign did not go well. 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
Here is a list of the most viewed news and blog postings that were featured on CircleID in 2008... Best wishes for 2009 and Happy New Year from all of us here at CircleID. more
This is a complex lawsuit by trademark owners attacking domaining and the role of the Google AdSense for Domains program in funding domaining activity. When I first blogged on the case in 2007, I wrote: "the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason..." Last week, the court ruled on class certification, and perhaps not surprisingly, the court denied certification -- giving Google and the other defendants an early Christmas gift. more
The recent Facebook case has placed the spotlight on Canada's ongoing failure to address its spam problem by introducing long overdue anti-spam legislation. The fact that organizations are forced to use U.S. courts and laws to deal with Canadian spammers points to an inconvenient truth – Canadian anti-spam laws are woefully inadequate and we are rapidly emerging as a haven for spammers eager exploit the weak legal framework. more
In the midst of the election season, Congress passed a plethora of Internet related laws. Most involved child protection. One involved webcaster protection. Wasting no time, the impact of the new laws is already being felt through federal agency implementation. On Friday, the National Telecommunications and Information Administration (NTIA) in the Department of Commerce released the following notice... more
A Court of Appeals in Kentucky has granted a motion to delay a forfeiture hearing that will determine the fate of 141 domain names related to online gambling and poker sites. The Interactive Media Entertainment and Gaming Association (iMEGA), an Internet trade association based in Washington, D.C., asked the three-panel appeals courts to grant a stay so that the appeals court could consider iMEGA's petition to have the lower court seizure ruling overturned. more
The termination of ICANN-accredited registrar EstDomains is to go ahead, effective 24 November 2008. On 28 October 2008, ICANN sent a notice of termination to EstDomains, Inc. based on an Estonian Court record reflecting the conviction of EstDomains' then president, Vladimir Tsastsin, of credit card fraud, money laundering and document forgery. Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, "Any officer or director of [a] Registrar is convicted of a felony or of a misdemeanor related to financial activities..." more
In the past year ICANN has been putting a lot more effort into its compliance activities, which is a good thing, since the previous level was, ah, exiguous. That's the good news. The bad news is that while they're paying more attention to misbehaving registrants, the registrars, gatekeepers to the world of domains, have serious issues that ICANN has yet to address. more
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