Tag Archives: legal

Thu 7th May 2009
Written by DomainNameWire in EN and tagged
Demand Media to ICANN: Hurry Up - Company one of few to suggest IRT timeline is OK. Demand Media has been transparent about its desire to launch new top level domain names and to move the process along quickly. So it doesn’t come as any surprise that it wants ICANN to push forward through recommendations from the Implementation Recommendation Team (IRT) in a swift fashion. Most began started their comments to IRT by complaining about a short (about 1 week) comment period for IRT’s drastic ... read more ...
Wed 6th May 2009
Written by DomainNameWire in EN and tagged
UDRP Arbitration: A Case of Laziness? - Filta.com case calls into question (lack of) incentives of UDRP arbitrators. I recently read through documents related to Filta.com, a domain name awarded to the complainant in a National Arbitration Forum case on April 23. The case is disturbing on a number of fronts. If you just read the decision, you’d think this was a fairly simple case (although you’d probably wonder how a trademark to the term “Filtafry” gives you rights to the name “Filta”). But ... read more ...
 
Written by DomainNameWire in EN and tagged
National Arbitration Forum’s Surprise Response to IRT - UDRP arbitration forum makes surprising remarks about Implementation Recommendation Team findings. That National Arbitration Forum would be opposed to Uniform Rapid Suspension System (URSS), a fast-track UDRP-like process, comes as no surprise. After all, it would destroy 90% of NAF’s and World Intellectual Property Organization’s domain dispute business. But NAF went above and beyond in comments to ICANN about URSS, suggesting that perhaps UDRP has gradually ... read more ...
Tue 5th May 2009
Written by The Domains in EN and tagged
Google Sued For Trademark Infrigement Over Android - In 2002 Erich Specht was granted the a trademark on the term Android to use with his firm Android Data. 2004 Mr. Specht’s company went out of business and he lost his domain, androiddata.com. Google applied to the US Patent and Trademark Office for a trademark on the term Android, but its application was rejected in 2008. Google as we all know, went on to use the term in connection with its open mobile operating system. Mr. Specht, filed a federal lawsuit on April 28, in Chicago, seeking “at ... read more ...
 
Written by DomainNameWire in EN and tagged
There’s Something About Cameron Diaz’ Domain Name - Actress files for arbitration to get CameronDiaz.com. Cameron Diaz has joined a slate of celebrities to recently file for arbitration to get domain names. Yesterday a case commenced at National Arbitration Forum for the domain name CameronDiaz.com. The domain name is currently parked at SmartName with links to “Cameron Diaz Actress”, “Entertainment”, and “Celebrity Posters”. The domain name’s whois record shows that it is owned by a Canadian company. Diaz ... read more ...
Mon 4th May 2009
Written by DomainNameWire in EN and tagged
Jay Leno Tries to Tackle Cybersquatting Problem - Comedian files claims for three domain names, but still hasn’t done anything with JayLeno.com Comedian Jay Leno has filed claims with World Intellectual Property Organization to get three domain names: jaylenoshow.com, weeknightswithjayleno.com, and thejaylenoshow.com. Now if only he’d do something with JayLeno.com, which he picked up last year. JayLenoShow.com’s whois record is protected by domain privacy and is parked at HitFarm. Weeknightswithjayleno.com ... read more ...
Fri 1st May 2009
Written by DomainNameWire in EN and tagged
Refreshing Discourse from a Domain Name Arbitrator - Dissenting arbitrator says many domain arbitration panels are missing the point. A recent WIPO domain name dispute for RuggedSwitch.com was found in favor of the complainant (read case). But one of the three arbitrators on the case –Diane Cabell — dissented, and her dissent puts into words the frustrations many people have about how UDRP cases are being handled: The Complaint should fail under Section 4(c)(i) because the Respondent was using the Domain Name to ... read more ...
Wed 29th April 2009
Written by The Domains in EN and tagged
Why Minnesota’s Action Today May Not Work - According to a press release today, The Minnesota Department of Public Safety (DPS) Alcohol and Gambling Enforcement Division (AGED) served written notice to 11 national and regional telephone and Internet service providers (ISPs) instructing them to prohibit access of all Minnesota-based computers to nearly 200 online gambling websites. Written notice was served to ATT Internet Services, San Antonio; Charter Communications, St. Louis; Comcast Cable, Moorestown, N.J.; Direct TV, Los Angeles; Dish ... read more ...
 
Written by DomainNameWire in EN and tagged
Cadbury Wants a New Ocean on Web for Swedish Fish - Candy manufacturer wants domain name SwedishFish.com. Cadbury Adams, maker of the tasty red Swedish Fish candy, has filed for arbitration with World Intellectual Property Organization to get the domain name SwedishFish.com. Cadbury Adams currently uses the not-so-memorable domain name AfriendYouCanEat.com for its Swedish Fish web site. It also owns OriginalSwedishFish.com. The SwedishFish.com domain name’s whois record is currently protected by whois privacy, ... read more ...
 
Written by DomainNameWire in EN and tagged
Minnesota Wants to Block Gambling Domain Names - State tries to cut off gambling sites from the communication providers instead of domain names. The state of Minnesota as informed 11 internet service providers that they must block access to about 200 gambling web sites. Sound familiar? Kentucky also tried to block online gambling but by seizing domain names that belonged to the gambling sites instead of cutting off ISPs. Much like the case in Kentucky, Minnesota seems to be financially motivated. The Minneapolis ... read more ...
Tue 28th April 2009
Written by DomainNameWire in EN and tagged
Salesforce.com Registers 21 Trademarked Domain Names - Direct navigation with a potential timebomb. Online CRM and application provider Salesforce.com (NYSE: CRM) just made an interesting direct navigation move that could potentially land it in hot water. Realizing that it can be difficult finding particular pages on its site and its channels on social networking sites, it registered over 20 direct navigation domain names to make it easier. For example, it registered FeatureComparisionChart.com to direct visitors to ... read more ...
 
Written by DomainNameWire in EN and tagged
Businessman Sets Up UDRPfail.com After Losing Domain Dispute - Man loses DEACOM.com despite overwhelming evidence of rights and fair use. Businessman Ben Dean lost a UDRP this month for deacom.com, a domain name he’s owned since 1997 and used for his business. He says he can’t afford to fight the action in court, but set up UDRPfail.com to tell the world about his predicament. A company filed a trademark for DEACOM in 2006, claiming first use in commerce in 1995. It decided to file the arbitration case to get the corresponding ... read more ...
Mon 27th April 2009
Written by DomainNameWire in EN and tagged
ICANN Bonuses Tied to New Top Level Domain Rollout - Slips in schedule could result in reduced staff bonuses. ICANN has clear short term economic incentives to roll out new top level domain names, and bonuses are one of those reasons. Read this exchange at the Cairo ICANN meeting between ICANN Senior Vice President of Services Kurt Pritz and former ICANN board member Michael Palage: MICHAEL PALAGE: Mike Palage. Kurt, as you can appreciate, there are a number of attendees here today that have a vested financial ... read more ...
 
Written by DomainNameWire in EN and tagged
Versa Capital Hits Domain Name Jackpot - Company wins great domain name at UDRP just two weeks after being found guilty of reverse domain name hijacking. Just two week ago, financial firm Versa Capital Management was found guilty of reverse domain name hijacking (RDNH) by an arbitration panel when it tried to get the domain name VersaCapital.com. But Versa Capital and its lawyers are high-fiving now that they picked up an even better domain, Versa.com, at arbitration. This answers one of the questions of ... read more ...
 
Written by DomainNameWire in EN and tagged
Intellectual Property Group Suggests Protections for New Domains - Implementation Recommendation Team suggests drastic changes to existing protections for IP holders. The Implementation Recommendation Team (IRT), formed by ICANN’s Intellectual Property Constituency, has released its preliminary report (pdf) of suggested safeguards for trademark holders in light of the introduction of new top level domain names. The closed door and controversial group suggested a number of drastic changed from current trademark policy for domain ... read more ...
Fri 24th April 2009
Written by DomainNameWire in EN and tagged
Wikipedia in Domain Name Spat - Online encyclopedia makes an ironic legal claim. Wikipedia and its parent organization Wikimedia Foundation are trying to get their hands on the domain name WikipediaArt.org. The catch is Wikipedia Art is a non-commercial web site critical of Wikipedia. A number of influential organizations are coming to the aid of WikipediaArt.org, including Electronic Frontier Foundation (EFF). Ironically, EFF has come to the defense of Wikipedia in the past. In a commentary on ... read more ...
 
Written by DomainNameWire in EN and tagged
PetMed Express Loses Domain Dispute - Online pet medicine company loses dispute over domain names including term “Pet Med”. Online pet medicine store PetMed Express (NASDAQ: PETS), which operates 1800PetMeds.com, lost a domain dispute at WIPO for a handful of domain names, including PetMedOutlet.com. Respondent Joseph Brinton was represented by Traverse Legal. Brinton registered the domain name in 2006 and set up a web site that included affiliate links to companies selling pet medicine online. ... read more ...
Thu 23rd April 2009
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ICA Asks ICANN Ombudsman for Investigation - Internet Commerce Associations requests investigation of Implementation Recommendation Team. Internet Commerce Association Counsel Philip Corwin has sent a letter to ICANN’s ombudsman requesting an investigation of Implementation Recommendation Team (IRT). IRT was set up at ICANN’s Mexico meeting to suggest implementation procedures for new top level domain names. It primarily represents trademark interests. According to the letter, IRT is acting merely as ... read more ...
 
Written by DomainNameWire in EN and tagged
WorldWide Media Sues to Retain SmoothMove.com - Company sues to keep domain after surprise UDRP decision. Michael Berken’s company, WorldWide Media, Inc., has sued Traditional Medicinals Inc., in order to retain the domain name SmoothMove.com. Earlier this month, a National Arbitration Forum panel found that Worldwide Media must transfer its ownership of SmoothMove.com to Traditional Medicinals. Traditional Medicinals offers a laxative tea called Smooth Move. WorldWide Media, represented by attorney Ari Goldberger, ... read more ...
Wed 22nd April 2009
Written by DomainNameWire in EN and tagged
Verizon Voices Concerns about New Top Level Domain Names - Verizon has several recommendations for ICANN — including listening to the recommendations it has already received. I’ve read dozens of comments submitted to ICANN about its new top level domain name applicant guidebook. Perhaps the most thoughtful comments in the latest round were from Verizon (NYSE: VZ), which is known in the domain community for aggressively pursuing cybersquatters. You can read Verizon’s comments here (pdf). I talked to Verizon Vice ... read more ...
Tue 21st April 2009
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Electronic Frontier Foundation Asks Kentucky Court to Uphold Domain Decision - EFF and other organizations ask Kentucky Supreme Court to uphold lower court decision. The Electronic Frontier Foundation (EFF), the Center for Democracy and Technology, and the American Civil Liberties Union of Kentucky filed a friend of the court brief with the Kentucky Supreme Court to uphold a lower court’s decision blocking the seizure of gambling domain names. According to an EFF press release: “No state can order a domain name registrar over which it ... read more ...
Mon 20th April 2009
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ICANN Looking to Hire Over 20 People - Non-profit launches new job site. Domain parking revenue in the dumps? Worried that changes by ICANN will hurt the long run stability of your domain portfolio? If you can’t beat ‘em, join ‘em. ICANN just launched a new job site that lists over 20 job openings. Positions range from Chief Executive Officer (to replace outgoing chief Paul Twomey) to Director of International Policy Development. You can also profit from the introduction of new top level domains ... read more ...
 
Written by DomainNameWire in EN and tagged
A Wacky Domain Dispute in Orange County - iLounge.com tries to get iLoungeOC.com from its neighbor. Here’s an interesting domain arbitration case in Orange County. iLounge.com, a web site about iPod and iPhone accessories and software, started getting communications that were meant for a restaurant and bar also in Orange County called iLounge Orange County. The restaurant uses the domain name iLoungeOC.com. iLounge.com lost the case, as it was clear the restaurant was using the domain name for a legitimate ... read more ...
Fri 17th April 2009
Written by The Domains in EN and tagged
ThePiratebay.org Founders Are Off To Jail - To follow up on a story we wrote about about a month ago when ithe court case started, the founders of thepiratebay.org got sentenced to jail today in a court in Sweden, for helping consumers illegally download online music and films. Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde Kolmisoppi and Carl Lundstroem were given jail sentences of one year each by a Stockholm district court today. The court also ordered the defendants to pay compensation and damages of 30 million kronor ($3.6 million). The ... read more ...
 
Written by DomainNameWire in EN and tagged
Sigourney Weaver Wants Her Domain Name - Actress files with National Arbitration Forum to get SigourneyWeaver.com. Actress Sigourney Weaver, star of the Alien movie series (photo), has filed for arbitration to get the domain name SigourneyWeaver.com. The case will be handled by an arbitration panel from National Arbitration Forum under the Uniform Dispute Resolution Policy. The domain name was originally registered in 1999, but changed hands in 2004 or 2005 to the current owner. The whois record for the ... read more ...