Home / News I have a News Tip

Court Dismisses .Web Lawsuit, Says Agreement Not to Sue Is Enforceable

"Judge Percy Anderson of the U.S. District Court, Central District of California has granted ICANN's motion to dismiss in a lawsuit brought by a subsidiary of new TLD company Donuts," reports Andrew Allemann in Domain Name Wire. "Donuts filed a lawsuit because it was upset that Verisign was bankrolling another applicant's bid for the domain. Donuts believed that the applicant, Nu Dot Co, had undergone changes that required updating information with ICANN prior to the auction. ... But new TLD applicants agreed to not sue ICANN. Donuts argued to the court that this covenant not to sue was unenforceable because it was void under California law and unconscionable."

Related topics: ICANN, Law, Top-Level Domains

 
   

Don't miss a thing – get the Weekly Wrap delivered to your inbox.

Comments

AT&T;Mobility v. Concepcion made it pretty clear Karl Auerbach  –  Dec 07, 2016 9:33 AM PDT

AT&T Mobility v. Concepcion made it pretty clear that clauses of this type are permitted to trump State laws, such as California's ban on unconscionable contract terms. This kind of provision is now found in a large portion of contracts. This Federal preemption does not, however, remove the fact that California, the State where ICANN obtains its legal existence as a public-benefit tax exempt corporation, has found such provisions so abusive as to shock the conscience.

To post comments, please login or create an account.

Related Blogs

Related News

Explore Topics

Dig Deeper

Afilias

DNS Security

Sponsored by Afilias
Verisign

Cybersecurity

Sponsored by Verisign
Afilias Mobile & Web Services

Mobile Internet

Sponsored by Afilias Mobile & Web Services

Promoted Posts

Now Is the Time for .eco

.eco launches globally at 16:00 UTC on April 25, 2017, when domains will be available on a first-come, first-serve basis. .eco is for businesses, non-profits and people committed to positive change for the planet. See list of registrars offering .eco more»

Industry Updates – Sponsored Posts

Global Domain Name Registrations Reach 330.6 Million, 1.3 Million Growth in First Quarter of 2017

.TECH Gets Its Big Hollywood Break

Why the Record Number of Reverse Domain Name Hijacking UDRP Filings in 2016?

.PRESS Supports Press Freedom Day for 3rd Consecutive Year

5 Afilias Top Level Domains Now Licensed for Sale in China

Radix Announces Largest New gTLD Sale with Casino.Online

2016 Year in Review: The Trending Keywords in .COM and .NET Domain Registrations

Global Domain Name Registrations Reach 329.3 Million, 2.3 Million Growth in Last Quarter of 2016

A Look at How the New .SPACE TLD Has Performed Over the Past 2 Years

Neustar to be Acquired by Private Investment Group Led by Golden Gate Capital

Startup League Reports from WebSummit, Lisbon

2016 U.S. Election: An Internet Forecast

.SPACE Becomes the Choice of the First Ever Space Nation Asgardia

Afilias Chairman Jonathan Robinson Wins ICANN's 2016 Leadership Award at ICANN 57

MarkMonitor Supports Brand Holders' Efforts Regarding .Feedback Registry

Why .com is the Venture Capital Community's Power Player

The .cancerresearch TLD: Search for Cure Drives Digital Innovation

New TLD? Make Sure It's Secure

Radix Launches Startup League at TechCrunch

Celebrating One Year of .online