Archive for July, 2009

 

The Lion, The Witch and the WIPO Dispute.

Posted July 28th, 2009


The case of NARNIA.MOBI is not unusual by any means. A domain name has been registered that infringes on the trademark of a large company or famous entity. A complaint has been filed with WIPO; a decision handed down; a domain name transferred away from the registrant and awarded to the trademark holder.

According to BBC news, Richard Saville-Smith registered the domain name NARNIA.MOBI so his 11-year-old son could use it as an email address. The trademark holder, the estate of author CS Lewis registered a WIPO complaint and although the registrant claims the domain was not registered in bad faith, the good folks at the estate of CS Lewis did not see it that way. In the case of WIPO versus the 11-year-old Chronicles of Narnia fan, the estate of author CS Lewis has emerged victorious. The WIPO decision was made in favor of the trademark holder and the domain name was successfully transferred away from the original registrant. The Saville-Smiths are contending that the domain name was purchased during the period of open registration during the .MOBI sunrise and that the Estate should have snapped it up during pre registration only open to trademark holders. This is particularly interesting during a year in which there is much debate about how far a trademark holder should have to go to protect their mark. It did not help Saville-Smith’s case that the domain name was registered in good faith as after the complaint was filed, he went on to register the domain names FREENARNIA.COM and FREENARNIA.MOBI; however, he does bring up an interesting point. Saville-Smith did not register the name out from under The Estate of CS Lewis. Should the Estate of CS Lewis have inherent right to the domain name or should Saville-Smith have been allowed to keep his domain name? Please send us your comments and we will post them after the jump.

Tags: ,
Posted in WIPO by  

 
 

ICANN Down Under

Posted July 27th, 2009


Recap of Sydney ICANN Meeting — Critical Issues for Businesses
By Mike Rodenbaugh

The ICANN community gathered in Sydney in late June, for the second of three scheduled meetings in 2009.  The primary topics of conversation were the newly hired CEO, and several issues related to the introduction of new top-level domains (TLDs) coming in 2010.  The hot issues about new TLDs involve protection against cybersquatting, protection of the public from expanded opportunity to maliciously abuse the DNS, the introduction of Internationalized Domain Name (IDN) TLDs, and registry-registrar structural separation.  These issues are included among the 8 public comment periods currently open HERE (and 18 recently closed!)

There is plenty going on at ICANN these days, so here’s an update on the most critical issues for businesses of all shapes and sizes.  A broader update published monthly by ICANN policy staff is HERE.  The current timeline for new TLDs calls for a final version of the Applicant Guidebook by end of 2009, and applications from would-be operators in March 2010, with new TLDs coming live in the latter half of 2010.  Clearly ICANN staff and community have much work yet to do, and soon, if this schedule is to become reality.

(more…)

Tags: , , , , , , , , , ,
Posted in Anti-Counterfeiting, CCTLD's, Conferences, Cybersquatting, Enforcement, gTLDS, ICANN, Internet Security, Registrars, Registries, UDRP by  

 
 

What Happens When a Registrar loses ICANN Accreditation ?

Posted July 21st, 2009


Recently two ICANN accredited registars, Maxim Internet and Lead Networks, were bounced for not complying with the RAA. The domain names registered through Maxim were recently transferred to NameScout. To suss how this sort of thing comes about and to check out some FAQs on the subject, please go HERE. To find out how you can pick up the 70,000–80,000 dot-com and dot-net domain names formerly under registration with Lead Networks, please go HERE. To see the list of ICANN Accredited Registars for the current gTLDS, please go HERE.

Tags: , , , , ,
Posted in gTLDS, ICANN, Registrars by  

 
 

Non-Profits Debate New gTLD

Posted July 20th, 2009


Since .ORG did not pan out to be what was envisioned for the gTLD, non-profits are bandying about the notion of a new “closed” gTLD dedicated to legitimate non-profit organizations that will gain consumer trust. Perhaps .NGO (non-governmental organization)? See the full skinny HERE.

Tags: , , ,
Posted in gTLDS, ICANN by  

 
 

Aussie Gov’t Says No to Sex

Posted July 10th, 2009


The Australian Government went on record that they would oppose a “red light district” for adult domain extensions (like .xxx or .sex) that could be launched with the new gTLDS authorized by ICANN early next year. For the full skinny go HERE.

Tags: , , , ,
Posted in gTLDS, ICANN by  

 
 

Tiger Woods Loses Domain Name Arbitration

Posted July 8th, 2009


Tiger Woods couldn’t use is short game, game day glare or even his Sunday red shirt with the National Arbitration Forum (NAF) to transfer the domain name charlieaxelwoods.com (his son’s name) to Tiger’s personal services company, ETW Corp.

See the full skinny HERE.

Tags: , , ,
Posted in Enforcement, National Arbitration Forum, UDRP by