Tag Archives: legal

Mon 21st September 2009
Written by The Domains in EN and tagged
Indian Marriage Site, BharatMatrimony.com, Gets Injunction Against Google From Selling Trademarked Keywords - Consim.com, an Indian company which owns many Indian dating and matrimony sites, sued Google several weeks ago in India for selling keywords under some of its trademarked sites. Last week, an Indian Court granted an interim (temporary) injunction against Google, restraining Google from selling keywords under the Indian Company’s trademarks including Bharatmatrimony.com. The company’s suit also seeks damages from Google for selling keywords to competitors under its trademarked sites. This case ... read more ...
 
Written by DomainNameWire in EN and tagged
eNom and Tucows to ICANN: Hurry Up and Introduce New TLDs - Individuals and entities push ICANN to move forward with new top level domain names. Many organizations that seek to benefit from the introduction of new top level domain names — including eNom, Network Solutions, Tucows, and Minds + Machines — have sent a letter (pdf) to ICANN CEO Rod Beckstrom asking him to implement the plan for new TLDs “without further delay”. The letter suggests that “special interests” are trying to slow down or stop the introduction ... read more ...
Fri 18th September 2009
Written by DomainNameWire in EN and tagged
Are we Kidding .Me? Project.me in Domain Dispute - Another crazy domain name dispute. A company has filed for arbitration on the domain name Project.me at World Intellectual Property Organization. Confused? So was I. Claiming rights to the term “Project” seems like a stretch. I did a little research and here’s what I’ve come up with. All searches for the complainant, project.me GmbH, lead to a software company at Projectme.eu. I emailed the current domain registrant to see what’s going on. As he ... read more ...
 
Written by DomainNameWire in EN and tagged
Tenant Dispute Over HomeAwayfromHome.com - Well written article. I also think, that HomeAwayFromHome.com is the better name. This does show us, that long domains names can make sense, and be better than a shorter one. If I am allowed, to say this: I guess, if had created a such a name, with the same words, I probably would of looked like this: home-away-from-home.com, which I personally would favor, as homeawayfromhome.com is more difficult to read and understand. A lot of companies, who file a domain arbitration case, are not ... read more ...
Thu 17th September 2009
Written by The Domains in EN and tagged
Keyword Suit Skips Google & Goes Forward Against The Advertiser, ABC.com - There are several cases in the where the issue of whether the purchase of keywords under a trademarked term violates the Lanham Act and whether it constitutes unfair competition.  Many of these cases have been filed against Google for selling the ad space under trademarked keywords, but in this suit, the trademark holder, skipped  suing Google and sued the advertiser, ABC.com In the case of, Tokyo Broadcasting System v. American Broadcasting Companies, Inc., CV-08-06550-MAN (C.D. Cal.), Tokyo ... read more ...
 
Written by DomainNameWire in EN and tagged
ICANN Shuts Down Red Register - ICANN terminates Red Register, Inc.’s accreditation. Internet Corporation for Assigned Names and Numbers has terminated Red Register, Inc.’s accreditation. According to a letter (pdf) sent by ICANN Director of Contractual Compliance Stacy Burnette, the registrar was violating many terms of its accreditation agreement. Among those: not paying its accreditation fees to ICANN, failure to maintain accurate contact information for the registrar, and failure to provide ... read more ...
 
Written by DomainNameWire in EN and tagged
Update: Lamar Smith and Howard Coble Letter to ICANN - Details of letter sent to ICANN CEO Rod Beckstrom. Yesterday DNW wrote about a letter that House Judiciary Committee members Lamar Smith and Howard Coble sent to ICANN CEO Rod Beckstrom. This letter covers the roll out of new gTLDs and the expiration of ICANN’s joint project agreement with the U.S. Government. Domain Name Wire has obtained a copy of the letter (pdf) and its detailed questions of ICANN. The letter is dated September 15, and requests a response ... read more ...
 
Written by DomainNameWire in EN and tagged
Hypocrisy.com: How America’s Big Companies are a Biggest Cybersquatters - A look at how big companies have joined forces to cybersquat and how they justify it. In May 2007, I noticed something curious on a new Gateway desktop computer I purchased. When I mistyped a web address, my browser showed a page full of ads. That’s nothing new. But who profited from the page was. It wasn’t some small fry cybersquatter. It was Gateway. I later found out that Dell did the same thing. Both computer manufacturers had teamed up with search ... read more ...
Wed 16th September 2009
Written by DomainNameWire in EN and tagged
Candy Maker Gets Hands on Hershey.mobi - Arbitration canceled — and Hershey gets the domain name. Hershey Chocolate Confectionery Corporation has picked up the domain name Hershey.mobi. The company filed a complaint with National Arbitration Forum, but has canceled the arbitration and the domain is now in its control. It’s unclear on if the registrant of the domain handed it over upon receiving the complaint or if Hershey purchased the domain. It will be interesting to see what, if anything, Hershey ... read more ...
 
Written by DomainNameWire in EN and tagged
Apple Fights for Mexican Domain Name - iPod and iTunes maker fights for Mexican country code domain name. Apple, Inc. has launched a complaint with World Intellectual Property Organization over the domain name iTunes.com.mx. .Mx is Mexico’s country code, and .com.mx is the standard second level domain used in the country (although Mexico is now opening up .mx at the first level). The arbitration panel should render a decision on whether Apple gets the domain name within a couple months. This isn’t ... read more ...
 
Written by DomainNameWire in EN and tagged
Congressmen Quiz ICANN on New TLDs, Price Caps and Independence - Congressional pressure mounts on ICANN. Two republicans on the House Judiciary Committee have written a letter to ICANN CEO Rod Beckstrom, quizzing him on plans to introduce new TLDs and the expiration of ICANN’s Joint Project Agreement, reports NextGov. Lamar Smith and Howard Coble say they are worried that the rapid expansion of new top level domain names will have “serious negative consequences” for U.S. businesses and consumers. They also address a major ... read more ...
Tue 15th September 2009
Written by The Domains in EN and tagged
WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith: ShoeZone.com - In a one panel WIPO decision ordering the transfer of the domain, ShoeZone.com to the holder of a UK trademark, the use of  Moniker.com privacy service on its registration was found to be an indication of bad faith of the domain holder Basically the owner of the trademark chased the domain for years, first unsuccessfully attempting to buying it from Footstar in 2003, who was using the site to sell footwear and then again in 2006 from Novus who acquired the domain from Footstar and again was operating ... read more ...
 
Written by DomainNameWire in EN and tagged
Arbitrator: If You Own .Com, You Should Get a Rest - Got the .com? You have a right to ccTLDs and other TLDs, says arbitrator. Here’s a World Intellectual Property Organization case that should raise some alarms. A panelist has awarded the domains sexywebcam.mobi and sexywebcam.tv to the owner of SexyWebCam.com, which also has a trademark for SexyWebCam.com. Arbitrator James A. Barker noted that the trademark includes .com, and is very different from having a trademark to the term ‘sexywebcam’. Nonetheless, ... read more ...
 
Written by DomainNameWire in EN and tagged
U.S. Postal Service Delivers USPS.mobi Domain Name - Dub-A, THIS IS AN IMPORTANT READ: Think about the logic of the USPS (which won’t take long to thing about), and maybe these “1984” manipulators are actually seeing some value for use in this domain. This could be frightening, and here’s why: Why else would they bother fighting for this domain? Could the USPS be preparing an “innocent” ad campaign, using “USPS.mobi” to engage in collecting data from cellphone users? Ahh.. consipiracy nuts! I love em! They’re so… correctly ... read more ...
Mon 14th September 2009
Written by The Domains in EN and tagged
A Landing Page That Looks Like A Google Search Results Page: Asking For Trouble? - Typing in some domains, I stumbled across a landing page, that looks like a Google search results page. The parking company, is FirstLook.com, using a Yahoo feed. Not only have I never seen this lander, but I’ve never heard of FirstLook. According to its site, FirstLook.com: “Is the industry pioneer in domain traffic optimization and monetization. Our long history in this space, spanning over 8 years, has allowed us to develop the most advanced optimization platform available today.” So maybe ... read more ...
 
Written by DomainNameWire in EN and tagged
A Not-So-Sexy Battle Over Hedonism Resorts Domain Name - Hedonism Resorts lose domain dispute. Let’s face it, domain name disputes aren’t sexy (save for DeepThroat.com). But talk of hedonism might make one more interesting. VRL International Ltd. and International Lifestyles, Inc., which operate the famous Hedonism Resorts and act as the exclusive travel agent for the resorts, respectively, have lost a battle for HedonismHotels.com. The owner of the domain name claimed he was previously a philosophy student at the ... read more ...
Sun 13th September 2009
Written by DomainNameWire in EN and tagged
Oreo Gets Stuffed in Netherlands Domain Dispute - Kraft loses domain dispute for Oreo.nl. Kraft Foods Global Brands has lost a dispute over the domain name Oreo.nl. .Nl is the country code domain name for the Netherlands. A single arbitrator panel ruled that Kraft had not proven that the domain’s registrant did not have rights or legitimate interests in the domain name. The owner of the domain had used it for e-mail earlier this decade. The panel also debated the merits of claims to trademark rights on the term ... read more ...
Sat 12th September 2009
Written by The Domains in EN and tagged
Can You Be Sued For Defamation For Just Registering A Domain? We Maybe About To Find Out - Defamation,  is a tort action where one party can sue the other for damages,  when they make false statements about the other,  in writing (libel) and spoken words (slander) which damages that person’s reputation or causes that person distress. The question is, can a domain name, in and of itself, be defamatory? The question is being asked because this week, TV and radio talk show host Glenn Beck, threatened to file such an action against the person who registered the domain, glennbeckrapedandmurderedayounggirlin1990.com. According ... read more ...
Fri 11th September 2009
Written by DomainNameWire in EN and tagged
Domain Name Appraisal Scam Update - Had the names posted on ebay and got these emails. after the second one I was realized that it was probably a scam then I searched and here I am. From: “Bradley” Sent: Thursday, October 08, 2009 1:13 PM To: **** Subject: Re: COLLEGEDATEZONE.COM (sent 10/06/09) Sorry for delay with the response. My cousin gave birth to a child. We celebrated with our familly. Can you accept 12,000 USD? Do you sell domain with a web site or just the name? Domain without content is ok with me. Web ... read more ...
 
Written by DomainNameWire in EN and tagged
Arbitrator Has Harsh Words for AOL in Domain Dispute - AOL loses domain dispute; arbitrator condemns company and its lawyer. AOL, already known for playing fast an loose with trademarks, has lost a domain dispute for four domains including AutoBlogReviews.com. National Arbitration Forum panelist Paul M. DeCicco found that AOL failed to prove secondary meaning and rights to the term AUTOBLOG. AOL acquired AutoBlog.com in its Weblogs acquisition. DeCicco displayed a common sense approach to proving that a company has ... read more ...
Thu 10th September 2009
Written by DomainNameWire in EN and tagged
NameMedia Wins Reverse Domain Name Hijacking Charge - NameMedia wins charge against marketing firm. NameMedia, parent company of BuyDomains, has successfully won a reverse domain name hijacking charge against online marketing firm SpinSix. SpinSix filed for domain arbitration for the domain Lincs.com. SpinSix offers a product called LINCS. According to the complaint, NameMedia alleged that SpinSix manufactured evidence that the parked domain at lincs.com included links that were competitive to it. Although it’s ... read more ...
Wed 9th September 2009
Written by DomainNameWire in EN and tagged
4 Ways to Reform UDRP NOW - Here are some needed reforms to UDRP. Uniform Dispute Resolution Procedure (UDRP) has some problems. Here are four quick ways to improve it. 1. Only allow an additional submission if specifically asked for by panel. UDRP rules prescribe that the complainant in a case can only make an addition submission (usually a response to the respondent’s claims) if specifically asked to do so by the arbitration panel. But most of the time an additional submission is submitted ... read more ...
Tue 8th September 2009
Written by DomainNameWire in EN and tagged
Turkish Firm Grabs KOC.com during Arbitration (On Second Attempt) - Panelist’s decision in three character domain dispute does not compute. Sometimes I read something and just scratch my head. Such is the case with a UDRP for KOC.com. Koç Holding A.S., a Turkish company, filed a complaint to get this domain name earlier this decade — but was denied in a decision in March of 2001. The panelist on the case determined that the company had not proven it had a trademark. Fast forward to 2009. Koç Holding A.S. again files a ... read more ...
Mon 7th September 2009
Written by The Domains in EN and tagged
KOC.com Lost In UDRP Second Time Around: Non Resolving Page Is “Bad Faith” - The domain Koc.com was awarded in a UDRP, to the holder of a trademark in Turkey which owns Koc.com.tr. As in most of these cases, the facts are long on both sides. Here are the interesting parts of the case; First, the same company that owns the trademark and filed this action, brought a UDRP on this domain already and lost in 2001. Second, the domain holder did not have this page parked showing results related to the trademark.  Matter of fact the domain holder did not have the domain parked at ... read more ...
Fri 4th September 2009
Written by The Domains in EN and tagged
Kentucky Domain Seizure Update: Oral Arguments Scheduled For October - The Supreme Court of Kentucky has set oral argument in the appeal of the gambling domain name seizure case for Thursday October 22, 2009. It was just about a year ago, last September 22nd, that the Governor of Kentucky ordered 141 gambling domains to be seized by the commonwealth. The trial judge upheld the action of the commonwealth last November, however in January, the Kentucky Appeals Court in a 2-1 ruling overturned the domain seizure ruling, saying that the trial court did not have subject ... read more ...