UDRPlaw - The Uniform Domain Name Dispute Resolution Policy Legal Information Site

Friday, April 29, 2005

Friday Roundup

Combined Whois Task Force Report: ICANN's GNSO Opens Public Comment Forum (ICANN) - Apr. 28

Upcoming ICANN Board Meeting Agenda for Tuesday, May 3:
Special Meeting of the Board:

Approval of Minutes
.NET Discussion
sTLD Discussions, including .ASIA and .XXX
Strategic Plan Discussion
Other Business

BenedictXVI.com Owner Donates Domain Name to Charity (Washington Post) - Apr. 28

The Planet Receives ICANN Accreditation (WebHostingReview.com) - Apr. 28

Afrinic Prices Slashed To Attract New Members (AllAfrica.com) - Apr. 28

Claim Denied in Multicast.com UDRP Case (NAF Case FA434268) - Apr. 28

Thursday, April 28, 2005

New UDRP Decisions

Smithsonian Institution wins case against Smithsonian.com (NAF Case FA436792) - Apr. 26

Paisley Park Enterprises (Prince's music production company) wins UDRP case for PaisleyPark.com (NAF Case FA440245) - Apr. 25

American Diabetes Association Loses Case to Typosquatter (NAF Case FA431012) - Apr. 20

Tuesday, April 26, 2005

Tuesday Roundup

GoDaddy Becomes World's Largest Registrar (DomainTimes.net) - Apr. 26
GoDaddy Tops Registrar Ranking (InternetNews) - Apr. 26
Ministry Files Suit over Websites (Salt Lake Tribune) - Apr. 26
Growing List of ICANN-Accredited Registrars Are Mostly Major Hosting Companies (NewsTarget.com) - Apr. 26
Domain Registry Financially Stable (SiliconRepublic.com) - Apr. 26
Sharing Fame Name is Business, Not Charity (PittsburghLive.com) - Apr. 26

Monday, April 25, 2005

KeyCorp and Seattle Hit For Two in WIPO Decision

KeyCorp, the owner of the stadium naming rights to Seattle's KeyArena, and the City of Seattle scored a UDRP victory in a WIPO decision released today involving the domain names KeyArena.com and KeyArena.org. KeyCorp and the City of Seattle v. i-designsolutions.com, Inc., WIPO Case D2005-0104 (Apr. 14, 2005).

"Respondent’s constructive knowledge of KeyCorp’s trademark rights at the time of registering the Domain Names, his actual knowledge of KeyCorp’s rights at the time of renewing the Domain Names, his knowledge that Complainants had refused a trademark license at the time he renewed the Domain Name registrations, his failure since 1999, to use the Domain Names in connection with lawful business activities and his repeated refusals to transfer the Domain Names to Complainants after his request for a license had been denied are all evidence of Respondent’s bad faith."

The Seattle Supersonics, which play in KeyArena, beat the Sacramento Kings over the weekend in Game 1 of the NBA Playoffs. Game 2 will be played at KeyArena Tuesday.

Friday, April 22, 2005

Friday Roundup

News articles on domain names for this Friday afternoon:
Registering Pope's Name a Challenge (GlobeTechnology.com) - Apr. 21
Beware of Fraud Ahead of .EU Launch, Says European Commission (InformationWeek.com) - Apr. 22
New Rules to Help Arbitrate in Domain Name Hijacking (BusinessDay.co.za) - Apr. 22
Don't Be Caught by the .EU Domain Scammers (Silicon.com) - Apr. 22
Our Nissan Beats Their Nissan in the US Courts (Haaretz.com) - Apr. 21
Verisign Reports 1Q 2005 Results (Yahoo Press Release) - Apr. 20

Thursday, April 21, 2005

Final Countdown on .EU Has Begun

From the EUROPA Press Release on .EU:

"The final countdown to the advent of Europe’s own “.eu” internet identity, by the end of 2005, has begun. In the coming days, the Internet Assigned Numbers Authority (IANA) will put the .eu top level domain in the Internet root, further to a 21 March agreement between the Internet Corporation for Assigned Names and Numbers (ICANN) and the .eu Registry. As from the beginning of 2006, businesses and citizens who register “.eu” internet addresses will be able to benefit from higher visibility within the EU single market and a level playing field for electronic commerce."

- EUROPA Press Release April 21, 2005

Wednesday, April 20, 2005

Popesquatting Pays Off

Here is my obligatory post on the BenedictXVI.com story. Earlier this month, Rogers Cadenhead correctly picked the name of the next Pope, Benedict XVI, and registered a series of Pope-related domain names so as to "hedge his bets" on the name chosen by the successor to Pope John Paul II. His domain name registration has also brought along quite a bit of notariety in the media, as the story has spread throughout the Internet. He'll probably be appearing on the Today Show or GMA this week, but for now, here is a link to this morning's Washington Post article on BenedictXVI.com.

Tuesday, April 19, 2005

Tuesday Roundup

Washington Post article titled "Imminent Domain" on the new sTLD .jobs. The article also mentions how most Internet users simply think of .com and don't bother to use new TLDs.

My own thoughts, as Internet use continues to grow, and younger Internet users join the web, the ".com only" mentality will fall away. People won't mind typing in a different TLD to access a website.

In other news, XEROX lost a UDRP decision involving a reseller of XEROX copiers. This decision will most certainly be challenged in federal court by XEROX in the coming weeks. Xerox Corporation v. Michael Franklin d/b/a Cognito Inc., NAF Case FA425390 (Apr. 14, 2005).

Supreme Court denies cert in Nissan.com case

According to the always informative Nom de Domaine site, the US Supreme Court has denied Nissan Motor Company's request for certiorari in the Nissan.com case. The full story is available (free registration required) from the LA Times.

Monday, April 18, 2005

Monday Roundup

The Washington Post reports that security concerns boosted Verisign's bid to keep .net.

Google files suit against Froogles for Trademark Infringement (Search Engine Journal) - April 18

Brits Pay Through Nose For Domains (The Inquirer) - April 18

ICANN Bosses Slam Net Phone Regulation (CNET) - April 15

New Laws on Domain Names Aim To Stem Online Fraud (NPR) - April 15

Tuesday, April 12, 2005

Posting from the Road - Public Comment Period on .Net Update

Currently traveling to America's Heartland, but the Internet is available there too, so here is a post on the Public Comment Period on .Net. If you have a comment on the Telcordia Report, or one of the 5 applicants, make it public via the link. Some well written comments have already been posted, so add yours to the list.

Monday, April 11, 2005

Wal-Mart and Widow Win UDRP Complaint for SamWalton.com

In a decision issued today by WIPO, Wal-Mart Stores and Helen Walton, the widow of Wal-Mart founder Sam Walton, prevailed in a UDRP complaint against the registrant of SamWalton.com. Wal-Mart Stores, Inc. and Mrs. Helen Walton v. Bestinfo/David Webb, WIPO Case D2005-0086 (Mar. 25, 2005). Interesting treatment of Wal-Mart's trademark rights in the name of SAM WALTON, through its continued use and marketing of SAM'S CHOICE products.

Friday, April 08, 2005

News Roundup on .Jobs and .Travel

Collection of news articles on the addition of .JOBS and .TRAVEL:

New dot-jobs Internet domain to debut in 2005 (SHRM.org Press Release) - Apr. 8

ICANN Approves Two New Domain Names (Business Week) - Apr. 8

ICANN Officially Designates .JOBS and .TRAVEL (ICANN) - Apr. 8

According to the webcast of yesterday's ICANN Public Forum, this round of the sTLD applications is expected to be wrapped up by June 2005. Watch for further developments on the addition of .mobi, .post, .cat and the other sTLD applicants.

AIG Wins UDRP Complaint for AIGFraud.com

The National Arbitration Forum has issued a decision granting transfer of the domain name AIGFraud.com to American International Group (also known as AIG). American International Group, Inc. v. Debra Speyer, NAF Case FA422815 (Apr. 7, 2005).

Although the registrant contended that she registered the domain name to solicit business for her law firm and website WallStreetFraud.com(specializing in insurance fraud cases), the Panel found that Ms. Speyer lacked rights and legitimate interests in the domain name since she had made no demonstrable preparations to use the domain name. "This Panel's decision might well have been different on this factor if the domain name had been used for some demonstrable purpose."

Recommendation for ICANN Meeting in Latin America

ICANN has announced that its October 30-November 6, 2006 meeting will be held in Latin America. The host city has not yet been announced. I'd like to suggest Merida, Mexico, capital of the Yucatan State. Mexico has not yet hosted an ICANN meeting, and Merida would offer an interesting blend of history and progress for attendees. The only downside might be the end of hurricane season, but that will likely be an issue facing other potential host cities in Latin America.

Next Up - Luxembourg

The ICANN Meeting in Mar del Plata has ended. The next meeting will be held July 11-15 in Luxembourg City, Luxembourg. The local website can be accessed at ICANN.lu.

Thursday, April 07, 2005

WIPO Panel on IP Considerations in New gTLDs

WIPO has published a paper on Intellectual Property Considerations in New gTLDs. The report analyzes the success of the UDRP and dispute resolution in the new TLDs that were launched in 2001. Interesting reading.

Suggestions For US-based ICANN Meeting in 2007

The last time ICANN met in the US was in November 2001. The next available date for a US-based meeting in June 2007. While Washington DC may be out, other US cities would make great hosts for the ICANN meeting. Here are my suggestions:

- Miami/Ft. Lauderdale
- Phoenix/Scottsdale
- New Orleans
- Indianapolis (Wha? Indianapolis? Sure, the city has played host to countless international sporting events along with the NCAA Final Four and Indy 500. Large Downtown convention center, plenty of hotel space, Indiana University-Purdue University at Indianapolis, Central US location and a desire to increase its tech job base).

*Blogger ate my previous post on this topic. We'll see if this one goes through.

Wednesday, April 06, 2005

UDRP Panel Rejects 'Sucks Case

National Arbitration Forum Panel rejected a complaint brought by the Petrovich Development Company in the case against PetrovichSucks.com. Panelist Mark McCormick agreed with the registrant's contention that the site was a legitimate gripe site and not confusingly similar to the Complainant's mark. Paul Petrovich and Petrovich Development Company and Petrovich, Inc. v. Barry Hinesley and Jazz Melody, NAF Case FA417765 (Mar. 31, 2005).

In addition, on April 4, the 9th Circuit issued a decision in the BosleyMedical.com case. Coverage available through The Trademark Blog here.

ICANN Developments

The meeting continues in Mar del Plata. Here is the link to real-time captioning of the WSIS Working Group presentation. Today is Part I of the ICANN Public Form, along with the highly anticipated ICANN Soccer Tournament.

Important quote from Bret Fausett on his Argentina roundup post for this morning: "Just as the strength of a chain is measured by its weakest link, the effectiveness of a restricted TLD is measured by the most permissive registrar." In light of ICANN's Registry and Registrar Compliance Program, this thought couldn't be more timely.

Also, read "Spurned .Net Bidder Cries Foul" (Computer Business Review) - Apr. 6

Tuesday, April 05, 2005

More on ICANN in Argentina

Another interesting day at the ICANN meeting in Argentina. ICANN has posted real-time captioning from the Public Discussion on ICANN's Operational Plan. Good discussion on translation of documents on the ICANN website, creation of a new ICANN website, and establishment of regional offices.

Monday, April 04, 2005

Argentina & Internet Issues Roundup

The ICANN Meetings in Mar del Plata, Argentina are underway. Here is a roundup of press releases, articles and blog posts:

ICANN Press Release April 4
Bret Fausett's update from MdP
The UN Thinks About Tomorrow's Cyberspace (CNET - April 4)
GoDaddy Launches New Website To Raise Awareness of U.S. Government's Decision to Eliminate Private Registrations (GoDaddy Press Release - April 4)

.CAT Out of the Bag

At the February 18 Special Meeting of the ICANN Board, the sTLD application for .CAT was allowed to proceed to the negotiation stage. From the minutes posted recently on the ICANN website:

.CAT sTLD Approval to Enter Negotiations

Kurt Pritz introduced the .CAT application materials, evaluator's responses and the applicant's supplemental materials. There was extensive board discussion regarding the application. Following this discussion, Vint Cerf moved for a vote on approval the resolutions as set out below, seconding was simultaneously offered by Mouhamet Diop, Veni Markovski, and Michael D. Palage. The resolution was the following:

Resolved [05.__] the Board authorizes the President and General Counsel to enter into negotiations relating to proposed commercial and technical terms for the .CAT sponsored top-level domain (sTLD) with the applicant, in conjunction with consultation with the appropriate governmental authorities.

Resolved [05.__] if after entering into negotiations with the .CAT sTLD applicant the President and General Counsel are able to negotiate a set of proposed commercial and technical terms for a contractual arrangement, the President shall present such proposed terms to this board, for approval and authorization to enter into an agreement relating to the delegation of the sTLD.

This resolution was approved by the Board by a roll call vote of 10-2, with one abstention. The following Board Members voted affirmatively: Raimundo Beca, Vint Cerf, Mouhamet Diop, Hagen Hultzsch, Joichi Ito, Veni Markovski, Michael D. Palage, Hualin Qian, Vanda Scartezini and Paul Twomey. Alejandro Pisanty and Thomas Niles voted against the resolution. Demi Getschko abstained from voting. Njeri Rionge and Peter Dengate Thrush were not present for the vote.
__________________

At the same meeting, the Board tabled a resolution on .ASIA.

Sunday, April 03, 2005

ICANN Registry and Registrar Compliance Program

Newly added to the ICANN website is a Registry and Registrar Compliance Program, located at http://www.icann.org/compliance/

I will have more on this topic tomorrow.

Friday, April 01, 2005

.IN Takes Off

CircleID has an interesting article from Ram Mohan on "How India's .IN Domain Rouses From Its Slumber." .IN has been one of the fastest growing ccTLDs since it became open for public registration in January 2005. No, .IN doesn't stand for Indiana, but that doesn't prevent non-Indians from obtaining a .IN domain name. Get yours today.

April Fools - WIPO Loses Domain Name

The always geekily comic ICANNwatch April Fools Post has another good one up this morning, with the headline "WIPO Loses Domain Name to Florida Company." Not quite as funny as 2002's "Microsoft to Buy Verisign" or "Why ICANN's Move to Geneva is Good".