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

Thursday, March 31, 2005

Celebrity/Personal Name UDRP Decision Roundup

Two new decisions issued by the National Arbitration Forum:
CarnieWilson.com - Carnie Wilson v. Whois Privacy Protection Service, Inc. a/k/a Whois Agent, NAF Case FA417186 (Mar. 29, 2005).

KarlLagerfeld.com - Asian and Western Classics B.V. v. New York Link, Inc., NAF Case FA422746 (Mar. 30, 2005).

Both domain names have been ordered transferred to their respective celebrity/personal name trademark owners.

Long Delayed "Signposts in Cyberspace" Report Published

In 1998, Congress commissioned a federal study of the Internet. The report is finally being published in 2005 by the National Academies' National Research Council. The Washington Post has an article on the "Signposts in Cyberspace" study here, and the National Academies press release is available here.

For now, you'll have to be content with reading the publication on the Internet. Hard copies will be released by the National Academies Press later this Spring.

Signposts in Cyberspace: The Domain Name System and Internet Navigation (2005).

New ICANN Report on Whois Data Accuracy

ICANN has published its second review of community experiences with the Whois Data Problem Report.

New ICANN Report on Whois Data Accuracy

ICANN has published its second review on community experiences with the Whois Data Problem Report System. I will be reviewing this document closely, as I have filed a number of Whois problem reports. In at least two cases, I have yet to see the problem domain names updated or deleted for false contact information.

Wednesday, March 30, 2005

iTunes.co.uk Battle Heads to High Court

Catching up on news from earlier in the week, the BBC reports that the battle of iTunes.co.uk is heading to court in Britain. On March 10, Apple Computer won a decision through Nominet's Dispute Resolution Service against the registrant of iTunes.co.uk. The case is cited as Apple Computer Inc. v. CyberBritain Group Ltd., DRS 02223 (Mar. 10, 2005).

Independent Expert Claire Milne ordered iTunes.co.uk to be transferred to Apple, finding "[o]n the balance of probabilities...the Domain Name, in the hands of the Respondent, is an Abusive Registration on the grounds of its use in a manner taking unfair advantage of, and being unfairly detrimental to, the Rights of the Complainant."

Benjamin Cohen, the original registrant of the domain name, has applied to the High Court for judicial review of the Nominet decision.

NeuStar Files For IPO

The Washington Post reports that NeuStar, the registry operator of .biz and .us, has filed with the Securities and Exchange Commission for an initial public offering of common stock worth up to $690 million. According to the article, "The filing did not disclose the number of shares to be sold, the offering price per share, or when the offering would take place. All shares are being offered by selling stockholders. Morgan Stanley, Credit Suisse First Boston and J.P. Morgan Securities are the lead underwriters. The company intends to list its stock on the Nasdaq National Market under the symbol NSTR."

CPR Institute For Dispute Resolution Publishes New Website

The CPR Institute for Dispute Resolution, one of four ICANN approved dispute resolution providers for UDRP cases, has launched a new website. This may be old news, but the links to CPR's UDRP decisions have been changed. The new links are available here.

I only stumbled on the links after fumbling around CPR's Sitemap page. No new cases have been filed with CPR in 2005.

ICANN in Argentina

ICANN is headed to beautiful Mar del Plata, Argentina on Sunday for a week of meetings. The MdP agenda is available here, and the local website can be accessed at ICANNMardelPlata.com.

I am planning to keep track of the meeting developments from UDRPlaw HQ in Metro Washington DC, either through links to the webcast, the collection of articles usually posted on Bret Fausett's ICANN.blog, or other informative sites. This promises to be a very interesting meeting.

.JOBS and .TRAVEL Agreements Completed

This news appeared earlier this week: ICANN has completed agreements to add the .jobs and .travel sponsored TLDs.

Proposed .JOBS Sponsored TLD Registry Agreement

Proposed .JOBS Agreement Appendices

Proposed .TRAVEL Sponsored TLD Registry Agreement

Proposed .TRAVEL Agreement Appendices

ICANN has also approved the applications for .mobi and .post. Applicants still waiting include .xxx, .asia, .cat, .mail and two .tel bids.

Secondary School Admission Test Board Fails In UDRP

A three-member National Arbitration Forum has rejected a complaint brought by the Secondary School Admission Test Board against the registrants of PrepSSAT.com. The decision is cited as Secondary School Admission Test Board, Inc. v. Joanna Severino and Richard Hosko, NAF Case FA408094 (March 24, 2005).

The Panel found that Severino and Hosko had established rights and legitimate interests in the domain name. The Respondent "holds itself out as a provider of services designed to help students prepare for the SSAT. Indeed, it refers students to the Complainant and assists them in signing up to take Complainant’s test. In so doing, it would be difficult, if not impossible, for Respondent to adequately identify the services it is offering without making reference to the SSAT. In so doing, Respondent is not making use of “SSAT” as a trademark, i.e. as an indicator of the source or origin of goods or services. Rather, it is using the word SSAT to refer to the SSAT. In trademark law, this is known as a “nominative” use, also sometimes called a “nominative fair use.” See, e.g., The New Kids On The Block v. News Am. Publ’g Inc., 971 F.2d 302 (9th Cir. 1991). Such uses are noninfringing."

This case could be headed to federal court.

Tuesday, March 29, 2005

ICANN Ranks Contenders for .Net

ICANN has published Telcordia Technologies' report on the contenders to manage the .net registry.

Current registry operator Verisign lead the way, followed by Sentan, Afilias, DENIC and CORE++.

Welcome to UDRPlaw.net Version 6.0

I have been kicking around the idea of re-launching UDRPlaw.net as a blog for a few years. This format should allow me more flexibility with updates and information on ICANN and UDRP developments. I have 4 years of history on UDRPlaw.net, so hopefully this new site will be able to provide as much useful information. Watch this space.

Verisign Maintains .Net

The Washington Post reports that Verisign will soon enter into negotiations with ICANN and will retain the .net registry. According to the article, "ICANN will immediately begin negotiations with VeriSign officials on a new .net contract, ICANN spokesman Kieran Baker said. Only if those negotiations fall through would ICANN consider the second-ranked bidder, Sterling, Va.-based NeuStar, he added."