Tag Archives: legal

Wed 29th June 2011
Written by The Domains in EN and tagged
Lens.com Fights Back Trademark Infringement Charges & Files Suit Against 1800Contacts Over Keyword Advertising - According to MediaPost.com, Lens.com filed suit against 1800Contacts alleging they are violating antitrust laws and engaging in “vexatious and sham” litigation by suing 15 competitors over their paid search campaigns. This an interesting case as 1800contacts has been according to the suit suing and threating competitors who buy keyword advertising under their trademark, a practice courts have upheld time and time again in suits against the search engines who sell the ads. “This lawsuit is ... read more ...
 
Written by DomainNameWire in EN and tagged
Domainers Will Love This UDRP Decision - Panelist respects the limited scope of UDRP. The UDRP, a quick and inexpensive dispute resolution policy for cybersquatting, is limited in scope. But over time some panelists have tried to make it more of a court, bending the lines to find in favor of complainants even when it’s not a clear-cut case of cybersquatting. Which is why I find William R. Towns’ decision in a recent case so refreshing. Ticket Software LLC, which operates a site at TicketNetwork.com, ... read more ...
 
Written by DomainNameWire in EN and tagged
Owner of Somedia.com Forced to Spend Thousands Defending Domain Name - UDRP was a waste of time and money. Here’s another example of a UDRP case that should have never been filed. A social media marketing firm that apparently just came into existence (or at least started using its brand) in 2010 filed a case against the owner of a domain registered in 2001. Somedia Solutions, Inc., represented by Kurt D. Olender of OlenderFeldman LLP, filed the case against the owner of Somedia.com. The complainant uses the domain name SomediaSolutions.com. ... read more ...
 
Written by DomainNameWire in EN and tagged
When a Business Relationship Goes Sour, Make Sure You Own a Domain Name - Another lawsuit shows that domain names are important intellectual property. I’ve written numerous times about web design companies holding a client’s domain name hostage. Here’s another cautionary tale about domain name ownership. A Florida company called StableTracker.com, Inc says that its former outsourced tech team has stolen its intellectual property and its domain name (pdf). StableTracker.com, Inc. says it contracted with the (now) defendants to perform ... read more ...
Tue 28th June 2011
Written by DomainNameWire in EN and tagged
Domain Brand Management Company Says It Will Sue Over IVX.com - After losing UDRP, IVX says it will go to court for domain name. Last week I wrote about Dutch company Besloten Vennootschap IVX Networks Europe B.V. The brand management and global domain name registration company uses the domain name IVX.eu. It filed a UDRP against the owner of IVX.com and lost. An astute reader has picked up that the company tweeted it will now sue to get the domain name: shame: lost WIPO arbitration case about ivx.com domain.. Monday to sollicitor: ... read more ...
 
Written by DomainNameWire in EN and tagged
LivingSocial Discovers It Has Typosquatters - Company files several domain name disputes. Local deals site LivingSocial has finally discovered that it has typosquatters — and that there’s a relatively affordable way to get its domain names back. Earlier this month it filed its first domain name arbitration case, going against the Irish country code domain name LivingSocial.ie. Now it’s ramping up its efforts by filing three cases with National Arbitration Forum this week. Each case costs about $1500 ... read more ...
 
Written by DomainNameWire in EN and tagged
ICANN Sued in Oregon, Finds Itself in Florida Bankruptcy Court Case - Woman sues ICANN over expired domains; case gets snarled in Florida bankruptcy case. An impoverished woman has sued ICANN in Oregon over expired domain names, and now the non-profit finds itself having to file a brief in a Florida bankruptcy court. Denise Subramaniam sued ICANN in Oregon back in March over domain names she registered for clients that expired. She says the domain registrar became insolvent and that ICANN didn’t do a good enough job enforcing its ... read more ...
Mon 27th June 2011
Written by DomainNameWire in EN and tagged
.Gay Trademark Application Filed - Trademark frontrunning continues. A Washington man has filed an intent-to-use trademark application for “.gay” with the U.S. Patent and Trademark Office. Thomas Petersen DBA Creighton Investments, LLC filed the application on June 20 just after ICANN approved a plan to open up the top level domain name system. Petersen doesn’t seem to be connected to either of the two groups that have publicly announced plans to apply for the .gay top level domain name thus ... read more ...
Sun 26th June 2011
Written by The Domains in EN and tagged
FBI Seizes Servers during Digital One In US, “Taking Tens of Clients Sites Down” When Only Wanting 1 - The New York Times reported a few days ago that  “The F.B.I. seized Web servers in a raid on a data center early Tuesday, causing several Web sites, including those run by the New York publisher Curbed Network, to go offline.” “The raid happened at 1:15 a.m. at a hosting facility in Reston, Va., used by DigitalOne, which is based in Switzerland.” “In an e-mail to one of its clients on Tuesday afternoon,  DigitalOne’s chief executive, Sergej Ostroumow, said: “This problem is caused ... read more ...
Fri 24th June 2011
Written by The Domains in EN and tagged
TheHill.com: Bill To Legalize Online Poker To Be Introduced As Soon As Next Week - According to TheHill.com, Rep. Joe Barton (R-Texas) is expected to introduce legislation as soon as next week that would legalize online poker and create a new federal regulatory body to oversee the sites. The bill would legalize only online poker, other forms of Internet gambling and betting would remain illegal. “Under the legislation, online poker sites would have to be registered in a state where gambling is already allowed, such as Nevada or New Jersey.” “Sites would be required ... read more ...
 
Written by The Domains in EN and tagged
Federal Trade Commission May Open Anti-Trust Investigation On Google - According to the Wall Street Journal the Federal Trade Commission (FTC) may “start a wide-ranging, formal antitrust investigation into whether the search giant has abused its dominance on the Web. This could mark the start of a lengthy legal process, similar to the years long battle Microsoft faced in the 1990′s resulting in 10 years of legal problems with both the US and EU regulators. At issue is whether Google has used its dominant standing in search to improperly promote its products at ... read more ...
 
Written by DomainNameWire in EN and tagged
Domain Name Company Files UDRP for 3 Letter Domain, Loses - Domain registrar loses UDRP. [Update June 28: IVX tweeted that it plans to sue.] A domain name registration and brand protection company has tried its hand at filing a UDRP for its own name — and lost. Dutch company Besloten Vennootschap IVX Networks Europe B.V, which owns IVX.eu, filed the case to upgrade its domain name to IVX.com. The ten year old company specializes in international domain name registration and brand protection. The owner of the domain claimed ... read more ...
Thu 23rd June 2011
Written by DomainNameWire in EN and tagged
A First: Complainant Loses Case for .Co Domain Name - Champagne.co becomes first .co domain name case won by respondent. A complainant has finally lost a UDRP case for a .co domain name. Comite Interprofessionnel du vin de Champagne has lost the case it brought for the domain name Champagne.co. The decision text hasn’t been posted yet, but this is the first time a complainant has lost a .co complaint at World Intellectual Property Forum since .co was liberalized last year. I’m not sure about National Arbitration ... read more ...
Wed 22nd June 2011
Written by DomainNameWire in EN and tagged
ICANN to Undertake Four Whois Studies - Studies to examine how whois is used — and misused. ICANN announced it will spend $530,000 to undertake four separate studies of whois. The studies are partially a result of a request by the Governmental Advisory Committee in 2008. 1. Misuse of whois – how people misuse whois information, such as for marketing and spamming purposes. 2. Whois Registrant Identification – classify the various types of entities that register domains, including natural persons, ... read more ...
 
Written by DomainNameWire in EN and tagged
Two Things that Could Derail a New Top Level Domain Timeline - Government action and lawsuits could slow down new TLD rollout. So ICANN has approved the new top level domain name program and set out the timeline. Full steam ahead? There are two possible forces that could slow this down. One would be some sort of government action. Governments aren’t happy, and there’s that looming IANA contract expiration coming up later this year. The U.S. could use it to force concessions. As I’ve noted before, any delay in new TLDs ... read more ...
 
Written by DomainNameWire in EN and tagged
.XXX Formally Announces IFFOR Board - Group to help set policy for new .xxx domain name. One of the interesting quirks about the new .xxx domain name is that it will help fund a group called International Foundation for Online Responsibility (IFFOR). IFFOR will get $10 from every domain registration in order to initiate “a series of policies for responsible business practices and conduct within the .XXX online adult-entertainment community”. Today the group sent out a press release formally announcing ... read more ...
 
Written by DomainNameWire in EN and tagged
Owner of .Com Domain Sues for .Co Domain Name - Real estate firm sues owner of .co. The owner of a .com domain name has filed a lawsuit (pdf) to get the .co version of their domain name. This is the first such .co federal anticybersquatting lawsuit I’m aware of (although there have been plenty of UDRPs and I don’t think a complainant has lost yet). Real estate company Sibcy Cline filed the in rem lawsuit against SibcyCline.co. The firm registered both SibcyCline.com and Sibcy.com way back in 1995. But someone ... read more ...
 
Written by DomainNameWire in EN and tagged
Marchex Wins UDRP for Walkaway.com - Panel points out the perils of descriptive marks. Marchex has successfully defended a UDRP case brought against its domain name Walkaway.com with the help of domain name attorney John Berryhill. Complainant Walkaway Canada Incorporated is the company behind the Hyundai Assurance program. The program allowed new car buyers the opportunity to return their car and walk away from the loan in the event of a certain life event such as a job loss. It was offered during ... read more ...
 
Written by DomainNameWire in EN and tagged
ICANN Says Its Employee Turnover Isn’t That Bad - HR Director says no problem with turnover at ICANN. Perhaps responding to questions about some high profile departures lately, ICANN Director of Human Resources Steve Antonoff just released an analysis (pdf) of turnover at the non-profit. His bottom line: turnover is less than the typical high tech company and has mostly to do with factors outside of ICANN. In the financial year ending June 2010 the company had 8.73% turnover with 10 departures. Antonoff compares ... read more ...
Mon 20th June 2011
Written by DomainNameWire in EN and tagged
Coming Soon: a Web of a Haves and Have Nots - If .brand TLDs work, the incumbents will win. I don’t think opening the floodgates to new top level domain names will have a monumental impact on the web, especially for brands that want to register a .brand domain name. But let’s assume for a moment that it does. Let’s also assume that companies are able to leverage their .brand domain names in a way that gives them a competitive advantage; whether it be against cybersquatting, in search engines, or for marketing. That’s ... read more ...
 
Written by DomainNameWire in EN and tagged
Monkey Says You Can’t Have This Domain Name - Company loses case for MonkeySays.com. A company that sells t-shirts and tote bags emblazoned with the saying “Monkey Says” has lost its attempt to grab the domain name MonkeySays.com through a UDRP case. Monkey-Says, LLC, which owns the domain names monkey-says.com and monkeysays.net tried to upgrade its domain with the help of National Arbitration Forum. But the one person panel denied it. The company clearly knew the owner of MonkeySays.com registered the ... read more ...
Sat 18th June 2011
Written by DomainNameWire in EN and tagged
LivingSocial Files Its First Domain Name Complaint - Daily deals company goes after Irish domain name. Groupon competitor LivingSocial has filed its first ever domain name arbitration complaint. But it’s not for a typo of its main LivingSocial.com domain name. Instead, the company is going after the Irish domain name LivingSocial.ie. The company started offering discounts for consumers in Ireland last fall using its main LivingSocial.com domain name. Perhaps LivingSocial is following the same tact as Groupon, ... read more ...
Fri 17th June 2011
Written by DomainNameWire in EN and tagged
U.S. Antitrust: Halt Registrar-Registry Integration on Existing Top Level Domain Names - Department of Justice recommends disallowing integration on certain existing top level domain names. The U.S. Department of Justice’s Antitrust Division has advised ICANN that it should halt its plans to allow some existing top level domain name registries to own registrars. National Telecommunications and Information Administration (NTIA) Administrator Lawrence Strickling had asked the Department of Justice to review ICANN’s decision to allow registry-registrar ... read more ...
Thu 16th June 2011
Written by DomainNameWire in EN and tagged
BMW Files Cybersquatting Lawsuit - Company files federal court case over BMWrewards.com BMW has filed a lawsuit against Illinois company Prime Market Targeting, Inc. and Scott Duff for trademark infringement, false designation of origin, cybersquatting, and unfair competition over the domain name BMWREwards.com. The automaker is asking for the domain name, attorneys fees, $100,000 per anti-cybersquatting rules, and for the defendants to refrain from infringing on the company’s mark in the future. This ... read more ...
Wed 15th June 2011
Written by DomainNameWire in EN and tagged
Rock Band Queen Lays Claim to WeWillRockYou.com Domain Name - Group wants to get the WeWillRockYou.com domain name. The rock group Queen has filed a case against the owner of WeWillRockYou.com at World Intellectual Property forum, asking an arbitration panel to hand the domain name over. We Will Rock You is one of Queen’s greatest hits. Combined with We Are the Champions, Queen still gets plenty of play time at sports arenas around the world. The song later became the name of a musical that still tours the globe to packed ... read more ...