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UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part III

In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more

AusRegistry Earns $9M In Its First 12 Months

The Privately-owned Melbourne-based company AusRegistry that won a four-year contract on July 2002 from AuDA to provide registry services for Australia's .au ccTLD has reported an earning of $9 Million -- beating its original expectation by $3.5 Million. This earning comes from 52,640 new registration of .au, .org.au, .com.au, .asn.au, .net.au, and .id.au -- the majority portion consisting of .com.au. (pdf report)

AusRegistry has also recently won a contract to operate the registry for Solomon Islands domain names (.sb), and negotiating with five other countries that reportedly includes one "significant" ccTLD. The company is also interested in being authorized by the Australian Communications Authority to run trials of ENUM: "It just makes sense to do that, given the strength of the .au database...the cost to us is minimal, given we've got the existing infrastructure," said the AusRegistry's managing director Adrian Kinderis. [Source: news.com.aumore

New TLDs: Can You Say .Never?

ICANN continues at its snail's pace on introduction of new top-level domains. At the Montreal meeting, staff sprung this RFP for new sponsored TLDs. As if "a few" and "sponsored" weren't limitation enough, it further narrowed the applicant pool to those who had applied unsuccessfully as sponsored TLDs in November 2000. more

ICANN Submits Seventh Annual Report

ICANN has just submitted its seventh status report under ICANN/US Government Memorandum of Understanding to United States Department of Commerce (DoC) titled: "Report by ICANN to United States Department of Commerce Re: Progress Toward Objectives of Memorandum of Understanding". The report provides a review of recent ICANN developments including... more

ICANN Reaches Landmark Agreement With Country Domains

The Internet Corporation for Assigned Names and Numbers (ICANN) concluded its Montreal meeting with a landmark agreement that cements the relationship between ICANN and the worldwide community of country-code top-level domain registries. "Today's agreement represents both a historic achievement for the ICANN process, and a powerful vote of confidence in the newly reformed ICANN 2.0," said Paul Twomey, ICANN's president and CEO.

Finalizing four years of dialogue and negotiation, the creation of the Country-Code Names Supporting Organization (ccNSO) heralds a new era of cooperative and productive relations among ICANN and the country-code domain registries. The structure and rules for ICANN's new ccNSO were endorsed by domain registry organizations and individual managers representing every region and populated continent. "Today's agreement is a testament to how ICANN is seen as a forum the international Top Level Domain administrators can come together and jointly address issues," said Twomey. more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part II

In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark's characteristics. The first part of this article can be found here. In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question. more

ICANN Montreal: Real-Time Thoughts During the WHOIS Meeting - 2nd Session

John LoGalbo - a "law enforcement" type - is complaining how long it takes him to issue a subpoena. My thought is this: Why should our privacy suffer because his organization can't get its procedural act together?

I am incensed - he is simply stating a conclusion that his targets are "criminals" and that, to go after them, he wants to throw away all legal processes and procedures - so much for the fourth, fifth, sixth, and fourteenth amendments. more

ICANN Montreal: Real-Time Thoughts During the WHOIS Meeting - 1st Session

I'm going to try something new here. I'm sitting here at the ICANN meeting on whois and I'll try to jot down some of my thoughts as they occur to me in reaction to what is being said:

- What is the "purpose" of whois? When a person acquires a domain name he/she has a decision to make: whether he/she will give the vendor/registrar his/her personal information? (If not, the person might have to forego getting the name, but that's his/her choice.) It seems that that is the context in which we need to evaluate the "purpose" of whois. In other words, the person relinquishes the information for the purpose of acquiring a domain name and not the broad panopoly of uses that have grown around whois. more

IP And The Internet: A Growing Need to Police Online Content

The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses. more

Montreal ICANN Meetings Creating Some Irritations

Two controversial issues which were on the agenda of the Montreal ICANN meetings creating some irritation: the way of planning to create a country code support organization (ccNSO), and the discussions around the purpose and operation of WHOIS – the database of registrants of domains.

Without going into the history of the ccTLDs withdrawing from their former role within the DNSO and moving towards a self organized structure, there is an obvious conflict revolving around the term “binding” that ICANN and the GAC want to see in defining the ccNSO. One European ccTLD manager put it bluntly: “We are not under the law of California!” more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the Policy), is to determine disputes relating to the registration or acquisition of domain names in bad faith. Under the Policy, the complainant must establish that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name registrant has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.

Whilst requirements (i) and (ii), at first glance, do not appear difficult to meet, it is not the same with requirement (iii). In fact, a serious problem arises for the complainant when a registrant has registered domain names in bulk, but has not used them i.e. they have not been resolved to any active website. more

India: Changing Trends in Passing-Off

In India, whilst the Intellectual property owners continue to face the problems of counterfeiting and infringements of their brand names/trade marks, the emerging trend amongst misusers appears to be adopting famous/well known marks as a part of their trading style/corporate name. Obviously, the intention is to choose a name that is easy to recollect and gives the impression of being associated with a well-known company. More often than not, in order to claim honesty in adoption, the marks are adopted in relation to a different business as that of the IP holder. Also it is common among misusers to slightly twist the name or add a descriptive suffix/prefix to the well-known mark. more

Background on .EU the Upcoming European Identity

Progress is being made towards launching a .eu top-level domain for European individuals, business and organisations.

On 22 May 2003, the European Commission announced its decision to designate the European Registry for Internet Domains (EURID) as the Registry for the new top-level domain (TLD) .eu. EURID is made up of three founder members – the registry operators for the country code top-level domains (ccTLDs) .be (Belgium), .it (Italy) and .se (Sweden). The Commission’s decision follows a call for expressions of interest published last September and an evaluation by independent experts of the seven applications received. more

ICANN and the Developing World: Examining The Outreach Program

Shravanti Reddy’s recent piece draws attention to an important issue that has nagged at ICANN ever since the ill-fated at large elections, when participants from the developed world greatly outnumbered those from the developing world. This imbalance was somewhat mitigated by the regional delineation of candidates, but it nonetheless raised two important questions that have yet to be settled:

First, how can ICANN (and, more generally, Internet governance) be more inclusive of developing countries? And second (less often asked, but perhaps even more important): Why should developing countries care about ICANN -- i.e., why does the answer to the first question even matter? This article discusses some recent developments related to the first question; a later article will consider some specific reasons why ICANN matters to the developing world. more

Unraveling the Myths of the Internet's Origins - Part I

There are several myths that dominate the public perception of the Internet. These myths make it hard to understand the needs and nature of the Internet and its future development. One of the most dominant myths equates the early U.S. packet switching network known as the ARPANET with the metasystem linking diverse networks that we call the Internet. One such example is demonstrated by the time line at the AT&T web site. They write... more

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