Tag Archives: legal

Wed 6th August 2014
Written by DomainNameWire in EN and tagged
2 really peculiar UDRP cases explain “technological confusion” - Part of brand is in domain names, but you have to look closely for it. I was rather confused a couple months ago when I saw fashion designer Philipp Plein filed UDRPs against peopleincasinos.com and supportpeopleinneed.org. Both sites featured clothing that the sites claimed was authentic Philipp Plein clothing. But what did these domain names have to do with Philipp Plein? Well, take a look at the domain names again: PeoPLEINcasinos.com SupportPeoPLEINneed.org The ... read more ...
Tue 5th August 2014
Written by DomainNameWire in EN and tagged
Panel denies QIQ.com UDRP, though denies RDNH - QIQ.com to remain with domain name owner after WIPO decision. A World Intellectual Property Organization panelist has denied a UDRP filed against the domain name QIQ.com. However, she denied a reverse domain name hijacking claim without giving any sort of reason. Based on the facts presented to the panel, respondent Netico, Inc registered QIQ.com in 1999, more than a decade before complainant QIQ Communications Pty Ltd had any rights to the QIQ name. Therefore, panelist ... read more ...
Wed 30th July 2014
Written by The Domains in EN and tagged
ICANN Responds To Seizure Order of The .IR Registry, observant ccTLD’s Are Not Property -                   A couple of weeks ago we told you that the attorney for the victims of a terrorist attack got a federal court to order the seizure of the .IR domain registry which is the ccTLD for Iran to help satisfy a judgement the victims  held  against the republic of Iran. As first reported by webpronews.com,  (The Internet Corporation for Assigned Names and Numbers) told a U.S. federal court in the District of Columbia, that ccTLD (country code Top-Level Domains ) can’t be ... read more ...
 
Written by DomainNameWire in EN and tagged
ICANN tells justice ccTLDs aren’t property, can’t be awarded to plaintiffs - Victims of terrorism want to be paid (in part) with country code top level domain names. ICANN has responded to the U.S. federal court in the District of Columbia, arguing that ccTLDs (country Code top level domain names, e.g. .ca and .de) are not property and can’t be awarded to plaintiffs in a case involving terrorism. Plaintiffs in Jenny Rubin, et al vs. The Islamic Republic of Iran, et al, say they are victims of terrorism from Iran, Syria and North Korea, and ... read more ...
Tue 29th July 2014
Written by DomainNameWire in EN and tagged
Company wants to heading a tenure “Domain Auction” - After reading what I wrote, it almost makes me think that the single best strategy one of the new TLD companies can use to guarantee long term success would be to create a handful of sites with broad appeal with their TLD. So, instead of slogans and hype, they’ve got to either encourage or develop a few great sites under their TLD. I honestly think that if the the majority of US consumers saw or heard an advertisement for a site that is not a mainstream TLD, they wouldn’t even know ... read more ...
Mon 28th July 2014
Written by DomainNameWire in EN and tagged
27 of tip 50 websites safeguarding their brands on new Donuts domain names - How are brands protecting themselves with new top level domain names? Many are, but there are some surprises. I just checked how the top 50 websites are protecting their brands on Donuts top level domain names. I took the top 50 (public) sites from Quantcast and ran them through whois for their matching .gripe domain to see if they were registered by the brandholder or blocked with Donuts’ Domains Protected Marks List. I chose .gripe for several reasons. First, ... read more ...
Thu 24th July 2014
Written by DomainNameWire in EN and tagged
Google and Vint Cerf explain a NTIA transition (video) - Simple video explains what’s going on with the U.S. government’s role in the internet. Vint Cerf, the “father of internet” and former Chairman of ICANN, now works for Google. Cerf has narrated a new Google video about the history of internet governance, ICANN and the role of the U.S. government. (See video embedded below.) It’s a pretty clever way to sum up the proposed change in role of the U.S. government in a simple, sub-three-minute video. In other words, ... read more ...
Wed 23rd July 2014
Written by DomainNameWire in EN and tagged
An engaging dates doubt in a UDRP - What if you registered a domain long ago, let it expire, and then registered it again? The date you first registered a domain name is a critical factor in a UDRP. Generally speaking, if your registration predates the complainant’s rights in a term, then the complainant can’t win a UDRP. That’s because it’s impossible that you registered the domain name in bad faith…unless you’re psychic. Some complainants have argued that the renewal of a domain name ... read more ...
 
Written by DomainNameWire in EN and tagged
Larry Strickling debate to American Enterprise Institute - Speech lays out what’s ahead and why some people are overreacting. Lawrence Strickling, Administrator of the National Telecommunications and Information Administration (NTIA), gave a speech to American Enterprise Institute yesterday about the transition of internet functions away from NTIA. The transition of the IANA functions has been hotly (and poorly) debated in some circles. People react to a brief snippet on a blog or to a talking head on TV about how “Obama ... read more ...
Fri 18th July 2014
Written by The Domains in EN and tagged
Arena Football’s OrlandoPredators.com Gets Lost In Sale & Now Points To Sexual Offenders - The arena Football team the Orlando Predators was recently sold and the one thing that seem to have gotten lost in the sale is its domain name. According to a story in the orlandosentinel.com, the domain which served as the previous official site of the team OrlandoPredators.com now redirects visitors to the Florida Department of Law Enforcement’s archive of sexual offenders and predators. It seems the domain name was not in the name of the team or the league but in the name of the previous managing ... read more ...
Thu 17th July 2014
Written by The Domains in EN and tagged
After Losing MyArt.com in UDRP, Fed Court Awards Owner Domain + Damages + Attorney Fees - According to a post on the site of the law firm Lewis Lin, the domain owner of MyArt.com who lost a UDRP in April, filed a lawsuit in federal court and not only stopped the transfer of the domain name but got an award of statutory damages, attorney’s fees and litigation costs. We wrote about the UDRP back in April of this year and noted it was the 2nd UDRP filed by the same complaint on the same domain. David Lin, Esq. writing on his firm’s site in a post entitled: “Reverse Domain Hijacking ... read more ...
 
Written by DomainNameWire in EN and tagged
Domain name owners loses UDRP, sues, gets $7,500 - MyArt.com owner can keep domain name and some cash. In April I wrote about how the owner of My-Art.com filed its second UDRP against the domain name MyArt.com and won. It was a bad decision based, in part, on an incorrect claim that the domain name was transferred to a new owner after the first decision. The owner of MyArt.com didn’t respond to the UDRP filing, but sued after the decision was handed down. The lawsuit, filed by law firm Lewis Lin LLC, claimed reverse ... read more ...
Fri 11th July 2014
Written by The Domains in EN and tagged
Google Wants Your Opinion On How They Should Implement “Right To Be Forgotten” - Google’s Advisory Council is asking the public on how they should implement the EU court required “Right to be Forgotten” The question Google is asking is: “How should one person’s right to be forgotten be balanced with the public’s right to know?” “”A recent ruling by the Court of Justice of the European Union found that European law gives people the right to ask search engines like Google to remove results for queries that include their name. Since then, we’ve received removal ... read more ...
Tue 8th July 2014
Written by DomainNameWire in EN and tagged
Frank Schilling beats IBM in domain dispute - Reserved three letter .link domains won’t be suspended. Frank Schilling’s North Sound Names, the company under which he registers premium domains in his new TLDs, has defended two such domain names from a URS filed by IBM. IBM filed a Uniform Rapid Suspension case against the domain names DB2.link and AIX.link. North Sound, with the help of attorney John Berryhill, successfully convinced the URS panelist that it registered the domain names as part of a collection ... read more ...
Thu 3rd July 2014
Written by DomainNameWire in EN and tagged
ShoeBuy.com’s UDRP record drops to 3 and 3 - Company loses a UDRP for the third time in just 6 tries. Online shoe retailer ShoeBuy.com might need to re-read the Uniform Domain Name Dispute Policy. It just lost its third UDRP. It has only won three times. This latest loss comes courtesy of typosquatting recovery firm CitizenHawk, which helped ShoeBuy.com go after ShowBuy.com. Yes, w is right next to e on the keyboard. But a UDRP panel determined that ShowBuy.com, made up of two common dictionary words, is not ... read more ...
 
Written by DomainNameWire in EN and tagged
Minds + Machines files obvious for “Domain Name Registration and Resale” - Patent describes system similar to AfternicDLS and SedoMLS but at the registry level. Minds + Machines Chairman Fred Krueger has filed a patent application (pdf) for the resale of domain names, titled “Domain Name Registration and Resale”. Here’s part of the description: Internet registries operate in the primary market for domain names and not in the secondary market. A registry has no record of whether a domain name is available for resale and, if so, at what ... read more ...
Wed 2nd July 2014
Written by The Domains in EN and tagged
USPTO Grants Two Patents On DNS including “Systems & Methods for Providing DNS Services” - Two Patents were granted yesterday by the USPTO on DNS Nominum, Inc received a patent on Systems and methods for providing DNS services A system for providing a Domain Name System (DNS) service may include providing an agent for installation on a subscriber device. The subscriber device may be connected to the DNS service via an entry point device. The system includes receiving, from the agent, agent data indicative of a subscriber identifier and a unique identifier associated with the entry point ... read more ...
Tue 1st July 2014
Written by The Domains in EN and tagged
Microsoft Seizes 22 Domains Of No­-IP Based Off Of SubDomain Usage & Millions Of Uses Effected - No­-IP a DNS service company told its customers on its company blog yesterday, that Microsoft has gotten a federal court order seizing 22 of its domain names based on the activity of users on some of the subdomains. According to arstechnica.com, “Millions of legitimate servers that rely on dynamic domain name services from No-IP.com suffered outages on Monday after Microsoft seized 22 domain names it said were being abused in malware-related crimes against Windows users.” “In a complaint Microsoft ... read more ...
 
Written by DomainNameWire in EN and tagged
North Carolina association guilty of Reverse domain name hijacking - Company claims rights dating to 2010 and domain name was registered in 2002. But… Personal Communication Systems, Inc of Winston-Salem, North Carolina, has been found guilty of reverse domain name hijacking. The company filed a UDRP against the owner of HealthWave.com. Healthwave is the name of an automated medical appointment reminder system that Personal Communication Systems sells. It has a trademark for Healthwave, but the earliest claimed use dates to 2010. ... read more ...
Sat 28th June 2014
Written by The Domains in EN and tagged
Sands Files Lawsuit Against 35 Websites/Domains Including 368.COM, 8227.COM & 9770.COM, -             Las Vegas Sands Corp. (Sands) filed a federal lawsuit on Friday in the United States District Court for the District Of Nevada against the owners of 35 websites/domain names including 368.COM, 8227.COM and 9770.COM. The suit alleges that the unknown registrants of thirty-five Internet domain names who are using Las Vegas Sands Corp.’s world famous “Sands” trademark, “Jinsha” Chinese characters ( 金沙, meaning roughly, “golden sand” and which is the Chinese equivalent ... read more ...
Fri 27th June 2014
Written by DomainNameWire in EN and tagged
Hmm…UDRP row orders send of Galvanize.com - Panelist orders generic domain be transferred to local startup accelerator. A National Arbitration Forum has ordered the transfer of the domain name Galvanize.com in a highly questionable decision. At every turn in deciding the case, NAF panelist Dr. Reinhard Schanda gave the benefit of the doubt to complainant Galvanize LLC. That said, the respondent could have put up a better case. Respondent Brett Blair / ChristianGlobe Network bought the domain name in an expired ... read more ...
Thu 26th June 2014
Written by The Domains in EN and tagged
MyRedbook.com Seized By Feds & Owners Arrested - According to Sfgate.com,  two San Fransisco based websites MyRedbook.com and sfredbook.com were seized by the federal government yesterday. The alleged operators of the sites, Eric Omuro, and Annmarie Lanoce, were arrested Wednesday. “Omuro was charged with 24 counts of money laundering in connection with alleged transfers of the website’s revenue into bank accounts. “Federal authorities are seeking to seize $5.4 million in cash and property from Omuro and Lanoce, the alleged windfall from ... read more ...
Wed 25th June 2014
Written by DomainNameWire in EN and tagged
This elementary cognisance illustrates a existence of code insurance in new TLDs - A visualization of reality for brand protection costs and new top level domain names. One thing that’s clear from talking to various people at ICANN 50 this week is that they are surprised by the low level of defensive trademark registrations in new TLDs. The trademark lobby expected a nightmare. New TLD applicants expected a lot less, but still more than they got. Here’s the reality in a simple chart: No harm done to the trademark lobby for exaggerating the ... read more ...
 
Written by DomainNameWire in EN and tagged
The Great Courses loses dual UDRPs on a same day - Company that owns TheGreatcourses.com loses two cases in one day. The Teaching Company, LLC, d/b/a The Great Courses, lost two UDRPs on the same day this week. The company lost a case filed against Marchex for GreatCourses.com and against Michael Berkens for GreatCourse.com. Conveniently, John Berryhill represented both parties. In both cases, The Great Courses failed to prove the domain names were registered and used in bad faith. Marchex has owned GreatCourses.com ... read more ...
Tue 24th June 2014
Written by DomainNameWire in EN and tagged
Over 800,000 domain names dangling due to 2013 RAA - Verification requirement ensnares hundreds of thousands of domain names. One of the requirements for domain name registrars under the 2013 Registrar Accreditation Agreement is that they must verify the contact details of registrants. Most registrars are fulfilling this requirement by sending an email to registrants asking them to click a link to confirm. Registrars must suspend domain names if owners don’t verify their information. We’ve had one-off examples of ... read more ...