Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims. more
Boy, this case got a lot of attention when it was first filed (which isn't surprising; YouTube lawsuits usually do). You may remember the story: the plaintiff is a dealer of used tube mills, used pipe mills and used pollforming machines. The plaintiff operated a website at utube.com. As you might expect, like most other industrial B2B vendors' websites, utube.com had a small but targeted audience. With the phenomenal and quick rise in popularity of YouTube, a lot of web users mistyped youtube.com and entered utube.com instead, causing utube.com to suddenly experience disproportionate popularity. Unfortunately for the plaintiff, few of these visitors were interested in pollforming machines... The plaintiff sued YouTube for trademark infringement... more
While travelling home from Geneva, I was thinking quite a lot on the relationship between a ccTLD (registry) and a Country. This is because many countries are starting to talk louder and louder about the responsibilities Countries have on critical infrastructure, or (possibly more important) the management of the critical infrastructure. Will for example any (none?) of ccTLD operators (servers) sustain a denial of service attack of a scale similar to the attack on the root servers? What can ccTLD operators do to resist the malicious attacks? Should this be discussed? more
Defendant iREIT filed its answer on May 25, 2007, to the recent complaint by Verizon alleging cybersquatting. As in the prior article, these are the public court documents and nothing has been proven by either side in a court of law. more
This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better... more
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more
With my post earlier this month about the possibility of SIP botnets [also featured here on CircleID], I've had a number of people asking about more information and wondering about the possible impacts. And while I will write more on botnets in general, as far as the potential impact of "botnets" in general, one need only look over at the current situation in Estonia... Now, perhaps Russia is behind the attack... perhaps not. There are obviously much larger political issues going on between the two states. more
On the face of it, Kieren McCarthy's Sex.com was a book that could have written itself: a notorious, well-publicised feud over the most valuable domain name in existence, between two charismatic men -- one a serial entrepreneur with a weakness for hard drugs (Gary Kremen), the other a gifted con-man with delusions of grandeur (Stephen Cohen). It's a story replete with vicious acrimony, multi-million dollar lawsuits, and rumours of gunfights between bounty hunters in the streets of Tijuana. Thankfully, McCarthy wasn't content to just bundle together all the articles he's written about Sex.com over the years and slap a cover on the front... more
A story... ZZZ Telemarketing (not a real name) is locked in a heated fight with their bitter rival, YYY Telemarketing (also not a real name), to win a very large lead generation contract with Customer X. Customer X has decided to run a test pitting the two companies against each other for a week to see who can generate the most leads. The ZZZ CEO has said to his staff that it is "do or die" for the company. If they fail to win the contract, they will have to shut down -- they need to do "whatever it takes" to win over YYY. A ZZZ staffer discovers that part of why YYY has consistently underbid them is because they are using SIP trunks to reduce their PSTN connection costs. But the staffer also discovers that YYY is using very cheap voice service providers who run over the public Internet with no security... more
International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... more
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