Archive for April, 2009

 

Network Solutions Settles Class Action Law Suit

Posted April 30th, 2009


Front Running? Or protection against Front Running. That was the argument in this issue of Network Solutions registering every domain name searched by customers for availability on NetSol’s WHOIS database. More HERE.

The result was a Class Action Law Suit which was recently settled. See the Settlement below:

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

In The Matters of
McElroy v. Network Solutions LLC, et. al, Case No. CV 08-01247 PSG (VBKx)
Finseth v. Network Solutions LLC, Case No. CV 08-01537 PSG (VBKx)

NOTICE OF CLASS ACTION SETTLEMENT

To: All persons who, on or between December 14, 2007 and March 15, 2008, searched for the availability of an internet domain name through Network Solutions, LLC’s services, had the searched-for domain name reserved by Network Solutions and subsequently registered that domain name through Network Solutions, LLC’s services in the same internet session or within four days of having conducted the internet domain search, and who have not already received a full refund for the registration.

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Posted in Frontrunning, Registrars, Whois by  

 
 

IRT Draft Report on Trademark Protection Issues Now Available for Public Comment

Posted April 28th, 2009


From ICANN News Alert

The Implementation Recommendation Team (IRT)  was formed by ICANN’s Intellectual Property Constituency in accordance with the 6 March, 2009 ICANN Board resolution . The resolution was in response to the request by the community seeking solutions for potential issues for trademark holders in the implementation of new gTLDs. See the full skinny HERE.

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Posted in gTLDS, ICANN, IPC by  

 
 

.MX Pre-Registrations Begin on May Day

Posted April 24th, 2009


NIC Mexico is beginning the pre-registration phase for the top level .MX name beginning May 1. Read all about it HERE.

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Posted in CCTLD's by  

 
 

ccNSO Says “No, No, No…”

Posted April 22nd, 2009


The Country Code Names Supporting Organization (ccNSO) doesn’t want geographical names operating as gTLDs and said as much to ICANN in their comments on version 2 of the draft application guide book. See the full skinny HERE.

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Posted in CCTLD's, gTLDS, ICANN by  

 
 

Cybersquatters Use India Courts To Stall Legal Action

Posted April 21st, 2009


A domain name registrar in India is exploiting the rules governing proceedings under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) to frustrate trademark owners’ efforts to retrieve domain names from cybersquatters.

The UDRP rules require trademark owners who wish to file a complaint under the policy to state that they “will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the jurisdiction of the courts in at least one specified Mutual Jurisdiction.”  The defined term Mutual Jurisdiction means a court jurisdiction that covers either the relevant domain name registrar’s principal office or the domain name registrant’s address as listed in the Whois record at the time the complaint is filed.  Essentially, the UDRP complainant must elect whether it will litigate a judicial challenge to the outcome of the administrative proceeding in its opponent’s home jurisdiction or in the jurisdiction of the registrar, which is usually viewed as “neutral.”

The Mutual Jurisdiction requirement enables cybersquatters to make it harder on trademark owners by selecting a registrar strategically based on location.  Imagine that a cybersquatter outside the U.S. wishes to extort money from a U.S. trademark owner.  If he registers an infringing domain name with a registrar in his own country, it forces the trademark owner to consent in a UDRP complaint to litigate on the cybersquatter’s home field if the cybersquatter challenges the UDRP result.

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Posted in Cybersquatting, Enforcement, ICANN, UDRP by  

 
 

My Old Kentucky Home…

Posted April 21st, 2009


The Internet Commerce Association (ICA) today joined in an amicus curiae brief filed with the Kentucky Supreme Court to uphold the decision of the Court of Appeals that domain names are not “gambling devices” subject to seizure under Kentucky law.  See more HERE.

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Posted in Enforcement, Internet Security by  

 
 

IDN ccPDP by ccNSO

Posted April 19th, 2009


This is ICANN speak at it’s finest. Go HERE to see what it all means.

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Posted in gTLDS, ICANN by  

 
 

IOC Rings in on New gTLDS

Posted April 19th, 2009


In the continuing saga of who is for and who is against the proposed roll out of hundreds of new gTLDS, the International Olympic Committee (IOC) takes a stand. See their letters to ICANN HERE.

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Posted in gTLDS, ICANN by  

 
 

Jenny from the Block Gets Her Names Back

Posted April 17th, 2009


Jennifer Lopez prevails in domain name dispute and wins at WIPO for the transfer of jenniferlopez.net and jenniferlopez.org to The Jennifer Lopez Foundation. For the full skinny go HERE.

Posted in Uncategorized by  

 
 

Another Constituency Heard From…

Posted April 16th, 2009


Just in case there was a danger of paring down process at ICANN, here’s a petition to form a new GSNO constituency.

This news alert from ICANN was announced 15 April HERE.

Community Comment Invited on Petition To Form A New GNSO Consumers Constituency

The ongoing GNSO Improvements process has created significant community interest in the formation of new GNSO constituencies and several groups have stepped forward to begin the process of forming a new GNSO constituency. The ICANN Board has now received its second formal petition – from the prospective Consumers Constituency. All members of the ICANN community and the public are now invited to review the petition and charter of the Consumers Constituency and share comments with the Board through 14 May 2009.

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Posted in ICANN by