Tag Archives: legal

Wed 25th March 2009
Written by DomainNameWire in EN and tagged
Weather Underground Sues Navigation Catalyst for Cybersquatting - Navigation Catalyst back in court. Navigation Catalyst Systems, Inc. finds itself in a familiar place: in court defending itself against cybersquatting claims. This time the plaintiff is The Weather Underground, Inc. Navigation Catalyst distributed a browser plugin for its New.net product that allowed it to capture typo information, which helped spur the company into alleged massive typosquatting registrations earlier this decade. The lawsuit does not mention this ... read more ...
 
Written by DomainNameWire in EN and tagged
Marchex Defends Frontrunners.com Domain Name - Arbitration panel determines Marchex can keep domain name FrontRunners.com. If there ever was a frontrunner for “dubious UDRP domain arbitration case”, FrontRunners.com may be it. Bradley D Mittman MD dba FRONTRUNNERS has a trademark to the term FrontRunners for use in connection with educational conferences and services in the field of medicine, including tutorial sessions and correspondence courses. But you’ve probably never heard of the company or any ... read more ...
Tue 24th March 2009
Written by DomainNameWire in EN and tagged
VirtualSex.com Pickup Attempt Denied - Owner of VirtualSex.com defends domain name in arbitration. An arbitrator with World Intellectual Property Organization has ruled that the owners of VirtualSex.com can keep their domain name. A challenge was mounted by Digital Playground, Inc, an adult movie producer. Digital Playground has a hard-fought trademark on the term “Virtual Sex”, and claimed first use in commerce back in 1994. The respondent registered the domain name in 1995 and said it had not ... read more ...
Mon 23rd March 2009
Written by DomainNameWire in EN and tagged
Domain Appraisal Scam is Reborn - The latest twist on an old scam. Over the weekend I received three identical e-mails that show the domain name appraisal scam is alive and well. Here’s one of the emails: Dear sir, we are interested to buy your domain name.COM and offer 65% of the appraised market value. As of now we accept appraisals from one of these leading companies: sed o.com pozde.com accuratedomains.com Should you already have an appraisal please forward it to us. We appreciate your business, Sincerely, R. ... read more ...
 
Written by DomainNameWire in EN and tagged
More Domain Spam: Final Notice of Domain Notification - “Search registration” spam hits inboxes. Earlier today I wrote about the resurgence of the domain name appraisal scam. Many readers have also forwarded another email making the rounds right now, of which I’ve also received in my inbox. The subject line reads: Domain Notification: FIRSTNAME LAST NAME This is your Final Notice of Domain Notification – YOURDOMAIN.COM The notification looks like an expiring domain notice, but it’s actually not the old scam ... read more ...
Thu 19th March 2009
Written by DomainNameWire in EN and tagged
SAP and Microsoft Lose Domain Name Case - Software giants fail to get domain name SAP-Microsoft.com. What happens when two of the world’s biggest software companies, Microsoft (NSDQ: MSFT) and SAP (NYSE: SAP), team up to do battle? They lose. A World Intellectual Property Organization panel found that an Israeli man should be able to keep the domain name SAP-Microsoft.com. But it was a close call, with the arbitrator finding that he wasn’t quite convinced that the domain name was registered in bad ... read more ...
 
Written by DomainNameWire in EN and tagged
Someone’s Shouting a F-Bomb About Fbomb.com - Obscure clothing company wins fbomb.com in arbitration. In January I wrote about an ongoing auction at Sedo for the domain name Fbomb.com. Here’s what I wrote: “FBomb.com – $1,500 – so many uses” There are so many uses because of the generic meaning of f-bomb. So I was surprised to notice a few weeks later that fbomb.com was in arbitration at National Arbitration Forum. I contact the owner who told me that the company that won the domain at Sedo filed ... read more ...
Wed 18th March 2009
Written by DomainNameWire in EN and tagged
New UDRP Domain Arbitration Search Engine Launches - UDRPsearch.com searches cases at National Arbitration Forum and WIPO. A new UDRP search engine, UDRPsearch.com, has launched. The web site allows you to search cases at both National Arbitration Forum and World Intellectual Property Organization without going to both sites. This is helpful for researching particular keywords, complainants, respondents, etc. The site is similar to another one I’ve written about, DomainFight.net. You can search by domain, complainant/respondent, ... read more ...
 
Written by DomainNameWire in EN and tagged
Is Your Domain Name Ownership Information Safe? - ICANN starts auditing registrars for data escrow compliance. Last month ICANN sent a breach notice to domain registrar Parava Networks. Among several serious breaches, one of Parava’s faults was not escrowing its registrant data. ICANN’s Registrant Data Escrow (RDE) program requires domain registrars to escrow customer information with a third party provider. If the registrar fails or loses its accreditation, ICANN can tap the escrow data to ensure the safe ... read more ...
Tue 17th March 2009
Written by DomainNameWire in EN and tagged
Howard Neu Saves Domain from Being Flushed Down Toilet - KohlerSucks.com saved at National Arbitration Forum. A $4,331 toilet from Kohler Kohler Co., which does everything from manufacture toilets to develop golf resorts, should read up on domain arbitration rules prior to filing its next request under UDRP. Domain attorney Howard M. Neu helped the owner of KohlerSucks.com defend the domain name against a frivolous complaint by the Kohler conglomerate. In a concise and perfectly clear decision, an arbitrator ruled: Complainant ... read more ...
 
Written by DomainNameWire in EN and tagged
Study: Reform ICANN Before Privatizing It - Study suggests some sort of accountability required before ICANN is set free. A new study, to be formally released Wednesday, suggests that ICANN must be reformed before its ties with the U.S. Department of Commerce are severed. The Joint Project Agreement between ICANN and the Department of Commerce concludes in August. The study was authored by think tank Technology Policy Institute (TPI) and was co-authored by TPI’s Thomas Lenard and Lawrence White, a Professor ... read more ...
Mon 16th March 2009
Written by DomainNameWire in EN and tagged
Jim Morrison Estate Wants Domain Name - JimMorrison.com in dispute at WIPO. The estate of the late rocker Jim Morrison wants the domain name JimMorrison.com, and it is taking its fight to World Intellectual Property Organization (WIPO) under UDRP rules. The domain name is currently owned by Rick Sentieri. The web site at JimMorrison.com includes lots of content that doesn’t exactly paint a coherent picture. The site proclaims: Welcome to the home of Jim Morrison’s Fantasy Magazine. It is the place ... read more ...
Thu 12th March 2009
Written by DomainNameWire in EN and tagged
Billion Dollar Company Loses Key Domain Name - Silicon Labs loses domain name, fights to get it back. Austin, Texas-based Silicon Labs (NASDAQ: SLAB) has lost control of a key domain name, SiliconLabs.com. The company has filed for arbitration with National Arbitration Forum to regain control of the domain. Silicon Labs’ main domain name is SiLabs.com. But I suspect most people trying to find the company’s web site for the first time type in SiliconLabs.com, and a lot of e-mails are accidentally addressed ... read more ...
Wed 11th March 2009
Written by DomainNameWire in EN and tagged
Internet Commerce Association Has Busy Agenda - Domainer’s group has busy schedule fighting for domain owners’ rights. Over the past month Internet Commerce Association (ICA) has stepped up efforts to inform the domain community about its activities. Current issues and updates are available on the home page of its web site. Here’s a quick summary: Representing domainers in Mexico City – ICA Counsel Philip Corwin made remarks on behalf of domainers during a discussion of new top level domains. The video ... read more ...
Mon 9th March 2009
Written by DomainNameWire in EN and tagged
California Law Would Emulate New York Affiliate Tax - California would extend sales tax collection to many online merchants. As state governments get strapped for cash, expect them to extend the reach of existing taxes. NYAffiliateVoice reports about a new proposed law in California that is similar to a New York tax law. New York’s law requires online merchants such as Amazon.com to collect New York sales tax if it has any affiliate program members in the state. New York basically extends its tax collection nexus ... read more ...
Fri 6th March 2009
Written by DomainNameWire in EN and tagged
Ghosts Can’t Tap Taps.com Domain Name - Paranormal society fails to win case for Taps.com. An arbitration panel — presumably made up of humans and not ghosts — has ruled that the The Atlantic Paranormal Society has no rights to the domain name Taps.com. The Atlantic Paranormal Society (TAPS) operates under the web address the-atlantic-paranormal-society.com, so it’s no surprise that the organization is seeking a better domain name. TAPS has a number of trademarks for the term, but the panel was not ... read more ...
 
Written by DomainNameWire in EN and tagged
Community and Geo Rules Should be Nixed from New TLDs - ICANN’s guidelines for community sponsors and location names should be removed from new TLD process. I’ve read the second version of the new TLD applicant guidebook from ICANN from cover to cover, and there’s one (OK, more than that) thing I still don’t understand: why are their special guidelines for “community” based TLDs and locations such as cities and states? If you represent a limited “community” you get special treatment. If you want to launch ... read more ...
 
Written by DomainNameWire in EN and tagged
ICANN Shouldn’t Regulate Morality - ICANN should strike moral objections from new TLD process. The new top level domain process includes a mechanism for TLD applications to be rejected on morality and public order grounds. This should be eliminated. ICANN doesn’t exist to determine what is and isn’t moral. In fact, I suspect it would rather not deal with the issue of morality and public order, but some of its international constituents want it to. So what’s an objection based on morality or ... read more ...
Thu 5th March 2009
Written by DomainNameWire in EN and tagged
Michael Arrington Deadpools New TLDs - TechCrunch founder says .eco and other domains dead on arrival. TechCrunch founder Michael Arrington, who himself has a background in the domaining world, is deadpooling .eco, a proposed new top level domain. I just don’t think the world needs another top level domain, and certainly not one that is designed for “individuals to express their support for environmental causes, for companies to promote their environmental initiatives, and for environmental organizations ... read more ...
 
Written by DomainNameWire in EN and tagged
WIPOsquat: U.N. Organization Caught Cybersquatting - WIPO caught cybersquatting on trademarked term. Pot, meet kettle. World Intellectual Property Organization, one of the providers of domain name arbitration services under UDRP, seems to have a cybersquatting problem of its own. Domain name attorney John Berryhill came across this apparent hypocrisy when he noticed the domain name Patentscape.info forwards to WIPO.int. Patentscape is a trademark of law firm Needle Rosenberg, P.C. Think “patent landscape”. Patentscape.info ... read more ...
 
Written by DomainNameWire in EN and tagged
ICANN Releases Two “Whitewash” Reports to Defend the Positions on new gTLDs - Reports argue new gTLDs should move forward with no price caps. I’ve been duped. When ICANN announced it was commissioning a report on the effect of price caps on new TLDs, I assumed it would seek an unbiased report. Instead, ICANN used domain owner’s money to hire an economist to defend its views. ICANN released two “studies” by University of Chicago economist Dennis Carlton: Preliminary Report of Dennis Carlton Regarding Impact of New gTLDs on Consumer ... read more ...
 
Written by DomainNameWire in EN and tagged
Viacom Loses South Park Domain Dispute - Company uses UDRP to go after copyright infringer. Panel doesn’t bite. Viacom has lost another domain dispute. But this time it wasn’t trying to steal a generic domain name; it was trying to shut down a web site containing copyrighted material. Viacom filed for arbitration under UDRP for the domain name StansDad.com. Stan and his dad are popular characters in the company’s animated South Park television show. But there’s no trademark here. Viacom tried ... read more ...
Wed 4th March 2009
Written by DomainNameWire in EN and tagged
“Important” Registrar Parava Gets Breach Notice - Registrar with valuable domain names receives breach notice from ICANN. Parava Networks, Inc. dba 10-Domains.com, has received a breach notice (pdf) from ICANN for some pretty serious issues: 1. Not paying its accreditation fees to ICANN 2. Not escrowing its whois information as required 3. Failure to take steps to correct inaccurate whois information You may not have heard of Parava Networks, so why does this matter? For one thing, Marc Ostrofsky (famous for selling ... read more ...
Tue 3rd March 2009
Written by The Domains in EN and tagged
Why Isn’t This Reverse Hijacking? - In a three member panel decision on Monday, we won a UDRP decision on the domain, BrassRail.com The panel found that the complaint failed to meet the first requirement of three it must meet to win Here are some relevant quotes from the decision: “”””The Complainant failed to establish enforceable rights to the “Brass Rail” mark, having reached this conclusion, the Panel declines to discuss the other elements of the Policy. Paragraph 4(a) of the Policy requires that the Complainant must ... read more ...
 
Written by DomainNameWire in EN and tagged
Ari Goldberger Defends PropellerHead.com - Domain attorney helps registrant keep domain name in UDRP. When you think of “propeller head”, what comes to mind? I think of those beanie hats with a propeller on them. You know, the type that nerds wear. Pilots might think of the plane part. But a software company thought it should have rights to PropellerHead.com. Unfortunately for Propellerhead Holding AB, it couldn’t convince a three person panel at National Arbitration Forum. The registrant of PropellerHead.com ... read more ...