Here is a list of the most viewed news and blog postings that were featured on CircleID in 2007. Best wishes for 2008. more
The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more
As if there weren't enough problems with lawyers sending out improper cease-and-desists, Wired News reports that a Nevada man has pleaded guilty to impersonating a lawyer to extort domain registrants to turn over their domain names. "A Nevada man pleaded guilty Thursday to his plotting to steal domain names from their legitimate owners by impersonating a California intellectual property lawyer and send threatening letters to domain name owners in hopes of convincing them to turn over the domains to him..." more
Last week, my colleagues over at Sunbelt Software discovered a bogus Windows domain being registered earlier this month (where the "w" in "windows" is actually two "v"s). Today, I've been alerted to the fact that are several additional Windows domains which have registered where the "w"s have been also been replaced with "v"s... 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
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
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
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
BusinessWeek is running a column called 'Brandjacking' on the Web. In summary, nobody likes deliberate cybersquatting or typosquatting. But if Typo domain-names did not exist, the traffic would continue to flow to Microsoft or Google via the browser's error search where those very large companies would make money in the same manner as the 'evil cybersquatters'... more
WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more
Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more
Record-breaking domain sales, acquisitions, and growing industry credibility all highlight a critical year for the domain name industry. The domain name industry had a heck of a year. It's impossible to rank the top news stories of 2006, but I'm going to make an attempt... Let's talk about it before the end of the year; then let's look forward to a fantastic 2007. more
Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more
The UK today is one of the main attack targets by phishing organized crime groups, globally. Phishing damages will amount to about two billions USD in 2006 worldwide -- not counting risk management measures such as preventative measures, counter-measures, incident response and PR damages. In most cases, phishing is caused by the fault of the users, either by entering the wrong web page, not keeping their computers secure or falling for cheap scams. Often this is due to lack of awareness or ability in the realm of Internet use rather than incompetence by the users... more
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