We are all accustomed to purchasing and/or using copyrighted material in one fashion or another. From music, movies-(BluRay), e-books-(Kindle), computers-(software), mobile phones-(iPhone) and games; the umbrella of companies wanting to restrict access to its products continues to grow and become increasingly restrictive. more
It didn't take long for criticism of the Verizon/Google net neutrality proposal to start pouring in. "nterest groups, bloggers, and even Google fanboys [have started] discrediting the plan" according to one trade publication. Although most of the commentary simply echoes various groups' long-held positions, the Electronic Frontier Foundation, the nation's foremost cyber-rights watchdog, provided a crucial insight about the plan that goes to the core of the net neutrality issue. more
A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more
In the coming months, ICANN will ambitiously expand the number of top-level domains (TLDs). ICANN could add ".movie" and ".paris", among others, to the existing ranks of ".com", ".org", ".gov", and ".edu". Here's another they should consider: a new ".pol" TLD that is reserved exclusively for political candidates and entities. A ".pol" TLD is needed to alleviate problems linked to a now-common phenomenon called political cybersquatting... more
When it comes to stealing domain names, I suspect that there are two reasons why so many web bandits appear to be immune from ICANN (the Internet Corporation for Assigned Names and Numbers uses the acronym ICANN): the first reason I discussed in my last column on domain name theft (where I described a substantive void in domain name "regulation" as a primary factor for the increasing incidence of domain name theft), the second reason, which is the focus of this column, is the procedural anomaly that currently infuses ICANN's uniform dispute resolution process (UDRP) by providing no administrative forum for domain name registrants who become victims of domain name theft carried out by ICANN's registrars. more
In this action under the usTLD Dispute Resolution Policy (which mirrors the Uniform Domain Name Dispute Resolution Policy), Complainant sought transfer of the Domain Name grazia.us. Complainant, an Italian company, has used the mark GRAZIA for many years in several markets around the world in connection with its fashion magazine. more
My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more
Reporting from Brussels, Belgium. Since January KnujOn has been conducing its own audit of ICANN Registrar contractual compliance and illicit commerce within the generic Top-Level Domain (gTLD) space. Our findings are shocking. more
In a previous CircleID article, it was discovered and documented that NAF Panelists and Complainants were systematically copying/pasting nonsense into UDRP decisions. It has been a couple of months with no action by ICANN, and no public statement by NAF. In a shocking new development, though, it turns out that NAF has quietly edited a past UDRP decision! more
e360 v. Spamhaus is one of these cases that's been around so long it feels like an old friend. A few years ago, e360 got some press for winning an eleven million dollar damage award against Spamhaus. In a less heralded development, following a bench trial on damages, last week a district judge modified e360's damage award down to only $27,000 on its tortious interference and defamation claims. more
KnujOn has retrieved a document indicating that the ICANN-Accredited Registrar Abacus America is in Corporate Delinquency in the state of Kansas. Kansas defines a company as Delinquent if "The business entity has not filed its annual report and fee by the due date." ... This incident is significant because Abacus America was cited by LegitScript and KnujOn for sponsoring an unlicensed pharmacy selling Schedule 3 substances... more
Startups in the process of selecting a company or product name are often frustrated to see that someone else, years ago, registered the .com version of their newly thought-of name. Similarly, companies that have acquired a trademark registration wonder whether they can use their crisp new registration certificate to stomp out someone else who has been using a domain name similar to the company's new mark. A recent case arising under the UDRP shows us that the earlier domain name registration is usually going to be on solid ground against a later-arriving trademark owner. more
The CAN SPAM act has been in place for five and a half years. Compatible state laws have been in place nearly as long. Anti-spam laws in the EU, Australia, and New Zealand were enacted years ago. But the number of significant anti-spam lawsuits is so small that individual bloggers can easily keep track of them. Considering that several billion spams a day are sent to people's inboxes, where are all the anti-spam lawsuits? more
A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more
This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more
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