Network Solutions Responds to Front Running Accusations

Following a post on the DomainState forum today, a number news and blogs have criticized Network Solutions for front running domain names that customers try to register. (See for instance today's report on DomainNameNews). Jonathon Nevett, Vice President of Policy at Network Solutions, has offered the following in response to the news break... more»

Domain Tasting Target of US Federal Cybersquatting Lawsuit

So Domain Tasting, where registrants (who may also be registrars) taste names and keep only those that have economic value, is now the target of a federal cybersquatting lawsuit, brought about by lawyers for major brand name retailers Neiman Marcus and Bergdorf Goodman against major domain name registrar Dotster. This Dotster lawsuit involves allegations of cybersquatting by registrars who use the Create Grace Period, which is mandated by ICANN for global registries... more»

Summary Judgment Denied in a Case of Creative Typosquatting

In the case of Lands' End, Inc. v. Remy, the defendant website owners were accused of crafting a clever scheme to get some extra commissions from their affiliate relationship with landsend.com. It looks like the scheme has backfired, however, as Lands' End's claim against the defendants under the Anticybersquatting Consumer Protection Act, [15 U.S.C. §1125(d)] ("ACPA") has survived a summary judgment motion and the case is heading for trial. more»

Non-Commercial Website Domain Names Using Trademarks

There are now several different courts of appeals that have upheld the right of individuals to post a non-commercial website using the domain name www.company.com, and there are as yet NO appellate decisions that forbid such websites outside the context of the serial cybersquatter who tries to erect a so-called gripe site as a CYA measure after being sued. In fact, it seems to me that we are getting close to the point where companies that sue over such websites have to consider seriously the possibility that they will not only lose the suit, but face a malicious prosecution action... more»

Domain Name Theft, Fraud And Regulations

When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more»

Domain Name Typosquatter Still Generating Millions

Ever visit cartoonneetwork.com? Adaptac.com? Check the URLs carefully, for these aren't the "real" sites operated by the Cartoon Network cable channel or by Adaptec, manufacturer of PC storage devices. Instead, these domains -- and some 5,000+ others -- were registered by a Mr. John Zuccarini. Read on to learn what he is up to and how he has gotten away with it. more»

Domain Name Dispute Cases Increased by 6.6% in 2004

In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported... more»

Wall Street Journal Article on Whois Privacy

Today's Wall Street Journal discusses the fight over Whois privacy. The article on the front page of the Marketplace section starts by discussing how the American Red Cross and eBay use the Whois database to track down scammers: "Last fall, in the wake of Hurricane Katrina, the American Red Cross used an Internet database called "Whois" that lists names and numbers of Web-site owners to shut down dozens of unauthorized Web sites that were soliciting money under the Red Cross logo. Online marketplace eBay Inc. says its investigators use Whois hundreds of times a day..." more»

Domain Front Running by Registrars Continues to Draw Attention

In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more»

Invalid WHOIS Data: Who Is Responsible?

Suppose you wanted to know who operates a website at a given domain name. Perhaps you suspect that the domain name is pointing to a website that offers illegal content, or you may just want to send a comment to its authors. Conveniently, the Internet provides a so-called "WHOIS" system that ordinarily provides contact information for each registered domain. But in the case of many hundreds of thousands of domains, the WHOIS data just isn't accurate.  more»

An Alternative to .XXX: IANA Adult Port Assignments

As an alternative to the creation of the .XXX TLD, ICANN/IANA can assign special port numbers that can be used to label adult content. IANA assigns port numbers as part of its duties. For example, port 80 is reserved for the HTTP protocol (i.e. the World Wide Web). Port 443 is reserved for the HTTPS protocol (SSL-secure version of HTTP). Port 23 is for Telnet, port 25 is for SMTP, and so on. One can see the full list at here... In a real sense, the IANA port assignments are just suggestions to the world as to what to expect on certain ports, whether it be a mail server, WHOIS, FTP, POP email or any other service/protocol. more»

Personal Names, Politics and Cybersquatting

Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting. When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate. more»

With No Privacy Standards Who Knows Who Is Abusing The Whois Database

John Banks is a loan officer in New York. John's supervisor recently warned John about the potential number of bad loans he may be carrying as part of his portfolio. To dump some of the bad loans he might be carrying, John came up with a scheme. He pointed his web browser to www.whois.org and entered terms denoting disease or poor health such as 'cancer' and 'illness'. This query on the Internet's WHOIS database reported results of names and addresses of domain name owners who had developed websites devoted to providing information on certain serious illnesses. John compared these names and addresses with those in his portfolio of loans. For the matches, he canceled the loans and required immediate payment-in-full. more»

dotMP Goes Mobile, Limits Access to WHOIS Data

The fact that the market for mobile phones that provide Internet access (aka "smart phones") is predicted to increase during the next several years, with global shipments growing to an impressive nearly 125 million units in 2009, means the competition for bridging mobile content and mobile phone use is likely to be keen. Indeed, dotMP already must face competition for registry services that will target mobile phone users. A few of the biggest names in information technology and mobile communications -- led by Nokia and including Microsoft, Vodafone, HP, Orange, Samsung and Sun Microsystems are planning to wedge into the Top-level Domain name space (TLD) by supporting a new TLD registry for mobile web content focused on web pages built specifically for access by mobile devices like smart phones and handheld computers or Personal Digital Assistants (PDAs)... what may set dotMP apart from the technology giants led by Nokia, is a significant value added benefit to its domain name registration services...it will protect the privacy of its registrants.  more»

What's Wrong with Domain Names?

Despite the significant traffic that comes from typed-in domain names, the public harumphing and clucking about type-in traffic is climbing in volume as it becomes clear how much money is involved. Articles this week show that domain names, and the people who make money on them, are making some commentators uncomfortable. more»