Tag Archives: legal

Fri 1st November 2013
Written by DomainNameWire in EN and tagged
True Religion jeans association sues over TrueReligion.com domain name - Last month I wrote about how jeans company True Religion lost a domain name arbitration case with the owner of TrueReligion.com. The owner of TrueReligion.com registered the domain name in 1998, many years before the jeans company came into existence. He originally used the domain name to write about Islam. But once the jeans company became very popular, he started using the domain name to profit from the True Religion brand. The jeans company lost its UDRP domain ... read more ...
 
Written by DomainNameWire in EN and tagged
.PersianGulf survives village conflict from those who preference Arabian Gulf name - You say Persian. I say Arabian. Let’s call the whole thing off. The Gulf Cooperation Council has lost a community objection it brought against the applicant for the .persiangulf top level domain name. This case (pdf) was one of the more interesting ones to be decided to date. The objectors don’t like the .persiangulf top level domain name because they don’t believe the body of water should be known as the Persian Gulf. Instead, they believe the name should ... read more ...
Thu 31st October 2013
Written by DomainNameWire in EN and tagged
Famous Four issues matter about .Sport decision - Famous Four questions panelists decision in .sport community objection. In case you haven’t heard yet, SportAccord won a community objection against Famous Four Media’s application for the .sport top level domain name. It was a surprising decision, as it’s pretty hard to argue that “sport” is a clearly delineated community. I personally don’t know anyone who has never participated in a sport or watched a sport. It seems like anyone who breathes is a member ... read more ...
Wed 30th October 2013
Written by DomainNameWire in EN and tagged
Typical name collision retard list for Donuts’ TLDs underneath 1,000 names (so far) - Registry won’t have to block many names per TLD, but some of them are good ones. Yesterday ICANN issued the “Alternate Path to Delegation” reports for nine of Donuts’ English language top level domain names. If Donuts chooses to take the alternate path option to speed up delegation of these nine domain names, it will have to initially block anywhere from 194 to 5,184 second level domains. It may be able to unblock many of these after receiving a mitigation ... read more ...
Tue 29th October 2013
Written by DomainNameWire in EN and tagged
BreatheAccord wins village conflict opposite .Breathe tip turn domain name - The following is a satirical response to news that SportAccord won a community objection against the .sport top level domain name. An International Chamber of Commerce panelist has upheld a community objection brought by BreatheAccord against dotBreathe LLC’s top level domain name application for .breathe. The decision by panelist Aru Kiddinme means that BreatheAccord, the only other applicant for .breathe, will now have a clear path to delegation for the domain ... read more ...
 
Written by DomainNameWire in EN and tagged
ICANN gets a CSSRO - ICANN promotes senior director to replace Chief Security Officer role. I hope John Crain abbreviates his title on business cards.Most companies have CXOs. ICANN is expanding that to CXXXOs. The non-profit announced today that it has promoted John Crain to be the Chief Security, Stability and Resiliency Officer. That’s a new title for the Chief Security Officer role, which is being vacated by Jeff Moss at the end of the year. Crain was previously a senior director ... read more ...
Mon 28th October 2013
Written by DomainNameWire in EN and tagged
Donuts successfully defends .reisen village objection - Panelist says German-speaking travelers qualify as a community, but objection fails on other grounds. New top level domain name applicant Donuts has successfully defended a community objection brought against its application to run the .reisen top level domain name. The German word reisen means “travels” or “journeys” in English. The objection was brought by the applicant for .reise, which means “traveling” in English. In coming to his decision, panelist ... read more ...
Fri 25th October 2013
Written by DomainNameWire in EN and tagged
Australian appetite association files UDRP opposite AGL.com - Company that uses AGL.com.au wants AGL.com. Australian natural gas and electricity company AGL Energy Limited has filed a UDRP against the three letter domain name AGL.com. The company uses the Australian country code domain name AGL.com.au for its website. AGL.com was originally registered in 1999. The current whois record has privacy, but taking a look at historical whois records from DomainTools, it is possible that the current owner acquired the domain name in ... read more ...
Thu 24th October 2013
Written by DomainNameWire in EN and tagged
Applicant questions how .Cars collision can be cleared - One applicant for .cars has good questions about how exactly it can resolve its contention set. DERcars, an applicant for the .cars top level domain name, has filed a reconsideration request (pdf) with ICANN’s board after Google won a string confusion objection against the company’s .cars application. I wrote about the .cars case a few weeks ago, and said that ICANN would be forced to act in the wake of the string confusion objection. As one reader pointed out, ... read more ...
 
Written by DomainNameWire in EN and tagged
Michael Berkens defends RoadWatch.com domain name in UDRP - Complainant loses all three prongs of case. Michael Berkens, who runs the domain name blog TheDomains.com, has successfully defended one of his company’s domain names in a UDRP. Commercial Vehicle Group, Inc filed a UDRP against the RoadWatch.com domain name, a domain that Berkens’ Worldwide Media has owned for about a decade. The complainant failed to even pass the first prong of a UDRP, that the domain name is similar to a mark in which the complainant has rights. ... read more ...
 
Written by DomainNameWire in EN and tagged
Panel dismisses UDRP formed mostly on laches - Panelist questions why complainant waited 13 years to file a domain name dispute. A National Arbitration Forum panel has dismissed a UDRP case, and it seems that the main reason was that the case was brought 13 years after the domain name was registered. The case was brought by Galaxy Catering, Inc., aka Big Texan Steak Ranch over the domain name TheBigTexan.com. The respondent registered the domain name in 2000, and panelist Nathalie Dreyfus questioned why, if it ... read more ...
Mon 21st October 2013
Written by DomainNameWire in EN and tagged
Walmart defeats kinship website - Panel orders union’s domain name be transferred to Walmart. Walmart has succeeded in taking down a criticism website created by the United Food and Commercial Workers International Union. In July, the retailer filed a dispute with World Intellectual Property Organization against the union’s use of the domain names ReallyWalmart.org, .com, and .net. ReallyWalmart.org hosted a site that parodied Walmart’s actual website TheRealWalmart.com. A three person panel ... read more ...
Sun 20th October 2013
Written by The Domains in EN and tagged
Guest Post: Newcomer Stymied By ICANN and ICC’s Process -                   This is a guest post by Christopher R Barron, who is the Co-Founder and Chairman Emeritus of GOProud. “GOProud is a national organization of gay and straight Americans who seek to promote freedom by supporting free markets, limited government, and a respect for individual rights. We work on the federal level and state level to build strong coalitions of conservative and libertarian activists, organizations and policy makers to advance our shared values and beliefs.” The ... read more ...
Wed 16th October 2013
Written by DomainNameWire in EN and tagged
Del Monte responds to bizarre new tip turn domain lawsuit - Del Monte Corporation has responded to Del Monte International’s lawsuit over the .delmonte top level domain name. Calling the lawsuit “ill-conceived”, Del Monte Corporation (DMC) has asked the court to dismiss the case. Indeed, the way Del Monte International (DMI) went about disputing a World Intellectual Property Organization ruling was rather silly. DMI applied for the top level domain .delmonte. Del Monte Corporation filed a legal rights objection against ... read more ...
 
Written by DomainNameWire in EN and tagged
Polo competition beats Polo code in .Polo tip turn domain name dispute - .Polo brand top level domain name application killed off by polo sport association. A panel has upheld a community objection (pdf) filed by The United States Polo Association against Ralph Lauren Corporation’s application to run the .polo top level domain name. Polo is, of course, Ralph Lauren’s flagship brand. While the result of the case will certainly come as a surprise to many, you can’t necessarily draw conclusions about what this means for other objections ... read more ...
 
Written by DomainNameWire in EN and tagged
Donuts’ .Shopping found too identical to .shop, will be placed in row set - Once again, who the string confusion panelist is determines the outcome of an objection. A string confusion objection panelist has ruled that having both .shop and .shopping as top level domain names will confuse the average internet user, and thus both should not both be delegated as TLDs. It’s the latest string confusion objection that might cause some head scratching amongst observers in light of other decisions. For example, how are .hotel and .hotels OK but ... read more ...
Tue 15th October 2013
Written by The Domains in EN and tagged
CADNA Calls On Congress To Increase Cybersquatting Penalties Under The ACPA & Include Registrars/Registries - The Coalition Against Domain Name Abuse (CADNA) posted a story on its site, written by Warren Communications News, Inc.,  which quotes Josh Bourne Director of CADNA: “The problem of cybersquatting is going to “explode by at least 2,500 percent when new gTLDs go live” “CADNA will start a letter-writing campaign and continue to seek a sponsor for a revision to 1999′s Anticybersquatting Consumer Protection Act (ACPA).” “CADNA’s proposed revamp would establish stronger deterrence for ... read more ...
 
Written by DomainNameWire in EN and tagged
15 year aged domain mislaid in UDRP since “renewed in bad faith” - Panel uses 2012 renewal date as basis for transferring domain name. A National Arbitration Forum panel has ordered the domain name Big5.com be transferred 15 years after it was registered, basing UDRP principles on the last date the domain name was renewed. The respondent in this case, Roy Fang, registered the domain name shortly after the complainant, Big 5 Corp., registered its inferior big5sportinggoods.com domain name. Fang actually got trademark rights to Big5.com ... read more ...
Mon 14th October 2013
Written by The Domains in EN and tagged
Uniregistry Beats Back Google’s Objection To .Cars: Different Decisions On The Same String Is ICANN’s Problem - Uniregistry, Corp just beat back an objection from Google’s Charleston Road Registry (CRR) Inc. on the new gTLD .cars in a decision handed down by the International Centre for Dispute Resolution (“ICDR”) CRR objected to Unregistry application for .cars as on the basis of String Confusion to its own application for .car and wanted the two applications to be placed into the same contention set which would have forced Uniregsitry into an auction with Google. This panel was aware that a previous ... read more ...
Fri 11th October 2013
Written by DomainNameWire in EN and tagged
True Religion loses domain dispute, though we need to review a dissent - Donahey should certainly know better, but continues to ignore the history of the UDRP, which was intended for a narrow class of clear-cut cases using an expedited and relatively informal procedure, as opposed to the rigorous requirements of real courts. The reason why the UDRP was intended for that narrow class of cases was that the relief sought from the UDRP is extraordinary, namely the transfer of the domain name itself. Donahey is blind to the actual historical documents, which ... read more ...
Wed 9th October 2013
Written by DomainNameWire in EN and tagged
ICANN gives new TLD field a faster trail to market - Top level domain applicants could start registering domains sooner, but there’s a catch. ICANN has changed its plan for mitigating the risk of so-called “name collisions” at the second level of new top level domain names, potentially allowing new top level domain applicants to start selling domains sooner than expected. It’s good news for applicants whose strings fell in the “uncalculated risk” bucket of name collisions. It could also be good news for ... read more ...
 
Written by DomainNameWire in EN and tagged
Top turn domain deliberate in Tes.co domain name dispute - TES.CO is confusingly similar to TESCO, and soon the top level domain will play a bigger role in domain disputes. In July I wrote about grocery chain TESCO filing a dispute against the domain name tes.co. A decision has now been rendered. UDRP panels typically disregard the top level domain name when it comes to determining if a domain name is confusingly similar to a trademark. If .co was ignored in this case, then TESCO would fail as they’d have to argue that ... read more ...
 
Written by DomainNameWire in EN and tagged
Uh-oh: ICANN will be forced to act after opposing .cars decisions - A conflicting opinion over .cars leads to an interesting contention set problem. A panelist for a string confusion objection brought by Google against DERcars, LLC over the top level domain name .cars has ruled in favor of Google. By ruling in favor of Google, that means DERcars’ application for .cars will be put into a contention set with Google’s application for .car. This creates a big problem. You see, DERcars’ application isn’t the only one for .cars. ... read more ...
Tue 8th October 2013
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Web growth association squares off with genuine estate organisation over “Ascent” name - Two California companies will head to court of business name. Electronic Creations Company (ECC), a web development company, has filed a lawsuit (pdf) seeking declaratory relief to fend of an attack from a California real estate firm. ECC owns a number of good domain names, including VH.com, Pup.com, We.org, and DuckPond.com. It also owns AscentRealEstate.com. That caught the attention of Ascent Real Estate, a San Diego real estate firm using AscentRealEstate.net, ... read more ...
Mon 7th October 2013
Written by DomainNameWire in EN and tagged
YellowPages.com sues YPOnline.com owners for heading infringement - Owner of YP.com claims site infringes its trademark and the YPOnline.com constitutes cybersquatting. Online directory service YellowPages.com, which also owns YP.com, has sued YPOnline.com for alleged trademark infringement and cybersquatting. In the suit filed in U.S. District Court (pdf), YellowPages.com says that the YPOnline.com site mimics the look of YellowPages.com: For example, Defendant’s website mimics Plaintiff’s website’s placement of “YP” in ... read more ...