A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant. more»
I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more»
Regarding a domain name dispute involving famous authors, the novelist, Louis Sachar, observed that "if some unrelated person is going to co-opt my name in cyberspace, and fails to use it to identify a web site related to my books or myself, that's going to endanger my career, as well as my reputation." Louis Sachar is one of nine famous authors for whom the Authors Guild, recently successfully snatched personal name domain names from a United Kingdom domain name registrant known as Old Barn Studios... more»
Much of the discussion about proposed TLDs centres around domain names as a form of classification: ".mobi" for mobile device content, ".kids" for child-safe content, language codes for language-specific content, ".museum" for museum-related entities, and so on. Notoriously little activity has been forthcoming in actually implementing these proposals, and the select few that have been allowed out into the world are, shall we say, a tad arbitrary. I'd like to engage in a little thought experiment where we abandon the "few TLDs with carefully chosen meanings" paradigm, and instead consider the benefits of a cornucopia of completely meaningless TLDs. more»
I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more»
A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the Anticybersquatting Consumer Protection Act (ACPA). Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial... 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»
What's at the heart of cybersquatting may also be at the heart of free speech on the Internet: the diversion of Internet users looking for plaintiff's web site to defendant's web site. Cybersquatters register domain names to accomplish this, while meta-infringers (as we will call them) use HTML code and search engine optimization techniques. Meta-infringers do this by creating keyword density by using competitor's trademarks and permutations thereof in their website in order to rank higher in the search engine results when someone searches on the competitor's trademarks. more»
The number "5" license plate sold for $6.8 million dollars in Saudi Arabia and another 300 vanity plates sold for another $56 million at last week's auction. It is estimated that the number "1" will be auctioned next month for up to $20 million dollars. Domain names and license plates share some common characteristics. Both allow only one person to own a particular word or number. Of course, the exact same license plate 'word' or 'number' can be registered in every country and, in the USA, every state... more»
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»
When it comes to stealing domain names, I suspect that there are two reasons why so many web bandits appear to be immune from ICANN (the Internet Corporation for Assigned Names and Numbers uses the acronym ICANN): the first reason I discussed in my last column on domain name theft (where I described a substantive void in domain name "regulation" as a primary factor for the increasing incidence of domain name theft), the second reason, which is the focus of this column, is the procedural anomaly that currently infuses ICANN's uniform dispute resolution process (UDRP) by providing no administrative forum for domain name registrants who become victims of domain name theft carried out by ICANN's registrars. more»
In this action under the usTLD Dispute Resolution Policy (which mirrors the Uniform Domain Name Dispute Resolution Policy), Complainant sought transfer of the Domain Name grazia.us. Complainant, an Italian company, has used the mark GRAZIA for many years in several markets around the world in connection with its fashion magazine. more»
It is time to revisit the old question regarding whether or not a domain name is actually 'property' and what this means to domain name registrants, registrations, ISPs and ICANN itself. What type of rights does a domain name confer? What responsibilities will the act of registering domain names suddenly bestow? more»
Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more»
How are domain names dealt with in Russia? This article discusses current issues related to the registration and assignment of domain names in ".ru" zone (Russian top level country code domain) and trademark protection on Internet. more»
