Tag Archives: legal

Thu 15th August 2013
Written by The Domains in EN and tagged
WIPO Denies Another Legal Rights Objection To .Music: Community Trademarks Of Objector “Not Bona Fide” - A WIPO panel has rejected another Legal Rights Objection to the new gTLD .Music . This objection was to Famous Fours application to operate the .Music registry and was filed by another applicant for .Music, DotMusic Limited/Constantinos Roussos. The panel basically found that the community trademarks of the Objector were not bona fide: The Objector filed for registration of its .MUSIC and DOTMUSIC figurative Marks in the European Union on March 5, 2009. Respondent has brought to the Panel’s attention ... read more ...
 
Written by The Domains in EN and tagged
ICDR Rejects Verisign’s String Confusion Objection To .Cam As Being Too Confusing to .Com - One of the more interesting objections filed at the International Centre for Dispute resolution (ICDR) based on String Confusion was Verisign’s objection to the new gTLD .Cam being too confusing to .Com. Today a panel has ruled that .Cam is not confusing to .Com, finding “the visual similarity of the two strings does not allow a conclusion that confusion would result”. “The test is not to decide whether the proposed domain name bears similarities to existing domain name but rather to determine ... read more ...
 
Written by DomainNameWire in EN and tagged
Grand Theft Auto creator files censure opposite GTA.tv - Take-Two Interactive asks World Intellectual Property Forum to order transfer of GTA.tv. Is this a case of grand theft or a legitimate intellectual property claim? Take-Two Interactive Software, Inc, maker of the popular Grand Theft Auto video game series, has filed a dispute against the owner of GTA.tv claiming the domain is cybersquatted. The current registrant, iCity Corp, registered the domain name in 2010. Neither Archive.org nor Screenshots.com have captured ... read more ...
 
Written by DomainNameWire in EN and tagged
Del Monte sues after .DelMonte TLD conflict decision - After losing top level domain objection, Del Monte International GmbH files suit. Is this the first lawsuit over a top level domain name Legal Rights Objection? Del Monte International GmbH has sued Del Monte Corporation in U.S. District Court in California in a trademark infringement case (case 2:13-cv-05912-RSWL-MAN). Although the actual complaint hasn’t been posted to the court’s website yet, the dispute is clearly related to the plaintiff’s application for ... read more ...
 
Written by DomainNameWire in EN and tagged
Donuts beats the third conform code in tip turn domain disputes - Coach, Inc. lost its objection to Donuts’ .coach application. New TLD applicant Donuts has now successfully defended itself against three fashion brands in Legal Rights Objections over top level domain applications. After beating The Limited and Express, the company can add Coach to its list. Coach, Inc., a $15 billion (market cap) company known for its purses, is the only other applicant for .coach. By filing a Legal Rights Objection, it hoped to win the string ... read more ...
Wed 14th August 2013
Written by DomainNameWire in EN and tagged
IPC wants Uniform Rapid Suspension supplies in .org, .biz, and .info contracts - Intellectual Property groups already asking for way to add URS to existing top level domain names. This shouldn’t come as a surprise. The ICANN Intellectual Property Constituency (IPC) has asked ICANN to insert a provision into registry agreements for existing TLDs that could lead to Uniform Rapid Suspension (URS) expanding beyond new top level domain names. URS is a faster and cheaper form of Uniform Domain Name Dispute Resolution Policy (UDRP). It was designed ... read more ...
Tue 13th August 2013
Written by The Domains in EN and tagged
USPTO: You Will Have To Contract WIth ICANN Before Applying For a Trademark For A New gTLD - Under the USPTO proposed examination guide, entitled “Applications for Marks Comprised of gTLDs for Domain Name Registration or Registry Services,” you will have to have a contract with ICANN to operate a new gTLD registry before you apply for a trademark for the gTLD: “The applicant must show that: (i) it has entered into a currently valid agreement with ICANN (a “Registry Agreement”) designating the applicant as the entity responsible for operation of the registry, i.e., maintaining the ... read more ...
 
Written by DomainNameWire in EN and tagged
First 12 New TLD fibre difficulty objections denied - ICDR panels deny first 12 string confusion objections. The International Centre for Dispute Resolution has issued its first 12 decisions regarding string confusion objections for new top level domain names. All 12 objections were denied. The denied objections were: Universal Postal Union vs. Deutsche Post AG for .epost The UPU operates the .post top level domain name. Verisign vs. Google for .new Verisign vs. NEC for .NEC Verisign vs. Donuts for .Vet Verisign vs. ... read more ...
 
Written by DomainNameWire in EN and tagged
.Secure applicant files heading focus for SAFETLD - Artemis files application for SAFETLD mark for its .secure top level domain. Artemis Internet, part of NCC Group plc, has filed a trademark application with the U.S. Patent and Trademark Office for “SAFETLD”, most likely tied to its .secure TLD bid. The company is one of two applicants for the .secure top level domain. It faces Amazon.com in the contention set. The trademark application (pdf) identifies the services as: Business services, namely, formulation ... read more ...
 
Written by DomainNameWire in EN and tagged
This is dirty: HelpScout.net owners files lawsuit opposite HelpScout.com - Company formed in 2011 claims domain names registered in 2009 infringe its trademark. Brightwurks, Inc., which owns support service Help Scout, has filed an in rem lawsuit (pdf) against the domain names HelpScout.com and Help-Scout.com. Here’s what happened: In 2009, Andy Eder of Germany registered the domain names. In 2010, the plaintiff registered the domain name HelpScout.net and started building a business on it. He obviously chose the .net because the .com ... read more ...
Mon 12th August 2013
Written by The Domains in EN and tagged
USPTO Opens Up Comment Period On Examation Guide For New gTLD’s Trademarks - The USPTO has just opened up a comment period for an Examination Guide on trademark applications for new gTLD’s. The comment period closes on September 8th 2013 The examination guide is called “Applications for Marks Comprised of gTLDs for Domain Name Registration or Registry Services,” and the USPTO is looking for “constructive input on examination guides before they are finalized, a draft version of an examination guide on marks comprised of gTLDs is being made available now for comment”. The ... read more ...
 
Written by DomainNameWire in EN and tagged
USPTO considers trademarks for tip turn domain names - In the future, top level domains could be trademarked in the U.S. under limited circumstances. The U.S. Patent and Trademark Office is seeking feedback on a plan to allow companies to trademark top level domains – albeit under limited circumstances. The plan would not allow companies to get trademarks on top level domain names they don’t have under contract with ICANN, nor would it allow them to trademark most generic TLDs. However, it would be a shift from the ... read more ...
 
Written by DomainNameWire in EN and tagged
Scripps Networks loses second new TLD objection, this one for .diy - Scripps learns that DIY, like the word Food, is generic. Scripps Networks has lost its second legal rights objection against a top level domain name application, this time losing .diy. It previously lost an objection for .food. Scripps, which owns home improvement media company DIY Network, filed the complaint against Google. Scripps and Google are the only two applicants for the domain name. Panelist Scott Blackmer determined that the term “DIY” is generic, standing ... read more ...
Fri 9th August 2013
Written by DomainNameWire in EN and tagged
Demand Media successfully defends Motorola plea for .moto - Google subsidiary loses legal rights objection over .moto. Motorola, now part of Google, has lost its legal rights objection against Demand Media subsidiary United TLD over the .moto top level domain. United TLD plans to offer the domain names for motorcycle enthusiasts, while Motorola uses it as a brand for mobile devices. Motorola also applied for .moto through Google subsidiary Charleston Road Registry. Amusingly, Motorola tried to paint United TLD in a bad light ... read more ...
Thu 8th August 2013
Written by The Domains in EN and tagged
Directv Beat Dish Network As Legal Rights Objection On New gTLD .Direct Is Upheld - The second Legal Right Objection been upheld by a three member WIPO panel this time by The DirecTV Group Inc. against its competitor Dish DBS The applied-for gTLD string .Direct. Directv did not apply for the new gTLD .Direct, but its main competitor Dish Network did and Directv filed this objection. The only other new gTLD application for .direct was filed by Half Trail, LLC a Donuts company. The WIPO Panel Decision can be best summarized by this paragraph in the ruling: “The Panel rejects Respondent’s ... read more ...
 
Written by DomainNameWire in EN and tagged
Dish DBS ruled a tip turn domain cybersquatter - Dish’s .direct application tossed out; Donuts is sole applicant remaining for .direct top level domain name. It’s notable that the two applicants deemed to be attempting to cybersquat top level domain names thus far aren’t nefarious cybersquatters, as industry groups suggested would happen. Instead, it’s two members of those types of trade groups that have lost the two Legal Rights Objections for new top level domain names. First, there was Del Monte International ... read more ...
 
Written by DomainNameWire in EN and tagged
Verisign responds to NTIA: There’s a disproportion between “ability” and “advisability” - Verisign says it will agree to add lots of new TLDs to the root, but advises against it at this time. Verisign has responded to the U.S. National Telecommunications Information Administration (NTIA)’s demand that Verisign verify it will add new top level domains names to the root upon request. The company confirmed (pdf) that it will add new top level domains to the root, but essentially said “if something goes wrong, don’t say we didn’t tell you so.” The ... read more ...
Wed 7th August 2013
Written by The Domains in EN and tagged
ICANN Opens Comment Period On Rights Protection Mechanism (RPM) Requirements - ICANN has opened the comment period for  “Rights Protection Mechanism (RPM) Requirements” The operational requirements for implementation of the Sunrise and Trademark Claims processes in new gTLDs, and a set of community-proposed revisions, are being posted for comment to give an opportunity for the community to review and provide feedback on these requirements. This revised version of the RPM Requirements reflects updates based on community consultations, and a set of proposals from ... read more ...
Tue 6th August 2013
Written by The Domains in EN and tagged
Breaking: WIPO Upholds 1st Legal Rights Objection On .Delmonte - The Panel majority would also query whether it is possible that, regardless of who the prior registrant was, the Respondent sought to have these registrations assigned to it to bolster an eventual gTLD application for the .delmonte gTLD string. 7. Whether and to what extent the Respondent has been commonly known by the sign corresponding to the gTLD, and if so, whether any purported or likely use of the gTLD by the Respondent is consistent therewith and bona fide. The evidence shows that the Respondent, ... read more ...
 
Written by The Domains in EN and tagged
Lawsuits Don’t Scare Cybersquatters As Faceboko.com Sells On SnapNames For $1,516 - Despite Facebook bringing federal lawsuits against Cybersquatters, they do not seem scared off as the domain name Faceboko.com sold yesterday on SnapNames.com for over $1,500. The domain name not surprisingly has has a traffic ranking from Alexa, Compete and Quantcast. The current parked page has some 40 links and all 40 links go to a Facebook related term (screenshot above) Facebook has a history of filing UDRP’s on domain names that are typo’s of Facebook.com. Facebook filed a UDRP over seeking ... read more ...
 
Written by DomainNameWire in EN and tagged
Del Monte v. Del Monte: initial new TLD conflict to be upheld - Objector wins .delmonte Legal Rights Objection. If you look at the list of filed Legal Rights Objections for new top level domains, only a few stand out as plausible cases. One of those was Del Monte Corporation v. Del Monte International GmbH for .delmonte. Now that we have the details, it’s not surprising that this was a close case. Del Monte International GmbH is a licensee of Del Monte Corporation’s trademarks for Del Monte. Yet the former applied for .delmonte, ... read more ...
 
Written by DomainNameWire in EN and tagged
After unconditional it underneath a rug, Name Collisions come behind to haunt new TLD program - Name collisions derail new top level domain name timeline. Everyone in the executive suite at Verisign must have been smiling this morning. That’s because ICANN dropped a bombshell, delaying a big portion of new top level domain names due to “name collisions”. It not only delays much of the program (as some have argued is Verisign’s goal in raising concerns), but also shows that Verisign isn’t crazy for raising its concerns. (Name collisions have been discussed ... read more ...
Mon 5th August 2013
Written by DomainNameWire in EN and tagged
Now.com owners Starbucks (HK) Limited loses brawl over .now - Company that owns now.com loses the first of many objections it filed over the .now top level domain. IPTV company Starbucks (HK) Limited has lost its legal rights objection against One.com A/S’ application for the .now top level domain name. Starbucks, which is not affiliated with the coffee chain, owns the second level domain name Now. It’s also a rival applicant for .now and filed legal rights objections against all five competing applicants. The fact that ... read more ...
 
Written by DomainNameWire in EN and tagged
This is funny: SM.net UDRP claims domain couldn’t be associated to porn - A rather curious argument in a UDRP for SM.net. Spanish education publishing company Fundación Santa María-Ediciones SM has lost a UDRP it filed against the owner of SM.net. Although the company’s trademarks include the term “SM”, it only makes up part of its marks. Thus, the panel ruled that the domain name was not confusingly similar to a mark in which the complainant had rights. Nothing earth shattering here. But this is what I found amusing. The Complainant ... read more ...
Sat 3rd August 2013
Written by DomainNameWire in EN and tagged
NTIA dissapoint with Verisign, final that it endorse it will routine new TLD delegations - NTIA questions Verisign’s recent spate of concerns about new TLD rollout. ICANN has published a letter that Verisign sent to the U.S. National Telecommunications Information Administration (NTIA) regarding Verisign’s security and stability concerns for new top level domains as well as the NTIA’s response. The response shows that the NTIA doesn’t want Verisign playing any games. Verisign’s letter was sent May 31 and the NTIA’s response has an August 2 ... read more ...