UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part II

In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark’s characteristics. The first part of this article can be found here.

In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question.
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ICANN Montreal: Real-Time Thoughts During the WHOIS Meeting - 1st Session

I'm going to try something new here. I'm sitting here at the ICANN meeting on whois and I'll try to jot down some of my thoughts as they occur to me in reaction to what is being said:

- What is the "purpose" of whois? When a person acquires a domain name he/she has a decision to make: whether he/she will give the vendor/registrar his/her personal information? (If not, the person might have to forego getting the name, but that's his/her choice.) It seems that that is the context in which we need to evaluate the "purpose" of whois. In other words, the person relinquishes the information for the purpose of acquiring a domain name and not the broad panopoly of uses that have grown around whois. more»

IP And The Internet: A Growing Need to Police Online Content

The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses. more»

Background on .EU the Upcoming European Identity

Progress is being made towards launching a .eu top-level domain for European individuals, business and organisations.

On 22 May 2003, the European Commission announced its decision to designate the European Registry for Internet Domains (EURID) as the Registry for the new top-level domain (TLD) .eu. EURID is made up of three founder members – the registry operators for the country code top-level domains (ccTLDs) .be (Belgium), .it (Italy) and .se (Sweden). The Commission’s decision follows a call for expressions of interest published last September and an evaluation by independent experts of the seven applications received. more»

Diverting Traffic On The Web: Trademarks And The First Amendment

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»

Can ICANN Meet The Needs Of "Less Developed" Countries?

On World Telecommunications Day last Saturday, the question of the digital divide—the difference between the so-called "developed" and "less developed" countries in terms of the availability and use of new information and communications technologies, particularly regarding access and use of the Internet—was one of the main topics of debate. However, less is understood about the growing knowledge and participation divide between "developed" and "undeveloped" countries on decisions regarding the global structure of the Internet that is currently under the mandate of the Internet Corporation for the Assigned Names and Numbers (ICANN)... more»

Domain Name Issues In Russia

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»

If It Walks Like A Duck And Quacks Like A Duck It's Probably A…?

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»

Brownian Motion And ICANN's Latest Status Report To The United States

Brownian motion is the ceaseless random movement of particles suspended in a warm fluid. The particles move because they are buffeted by random collisions with molecules and atoms speeding this way and that under the impetus of heat. The greater the heat, the greater the motion. But no matter how much motion and how much heat, Brownian motion brings no progress.

Today I learned from Bret Fausett's ICANN Blog that ICANN has just published its Sixth Status Report Under ICANN/US Government Memorandum of Understanding, dated March 31, 2003. This report is subtitled "Report by ICANN to United States Department of Commerce Re: Progress Toward Objectives of Memorandum of Understanding" (emphasis added.) 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»

Time For ICANN/IANA To Squarely Face The Question Of Privacy

Various people whose judgment I value [M. Mueller, B. Fausett] have suggested that ICANN/IANA may finally get to the issue of privacy.

The ICANN Board is establishing a "President's Standing Committee on Privacy" (why the committee is possessed by ICANN's "president" and not the Board is something we can deal with at another time and another place.)

Privacy is a hard question. It is a matter that pervades all aspects of information handling. It would be entirely inappropriate, and ultimately futile, to try to deal with privacy as an after-the-fact adjustment to the existing DNS Whois system. It is necessary to examine the most fundamental questions -- such as what reasons, if any, justify there being a Whois database at all. more»

Introduction Of A New Domain: The Sweden Way

Network Information Centre Sweden AB (NIC-SE), which is the organization that administers .se domain names, will be introducing a new regime for registration of .se domain names.

Under the new regime, applicants from all over the world will be able to apply for registration of a .se domain name without needing to prove that the desired domain name reflects a company or organization name. There will no longer be preliminary examination of applications for registration of .se domain names nor any restriction on the number of .se domain names per applicant. It will also be possible to register geographical names as .se domain names. However, non-Swedish applicants (those without a permanent business place or address in Sweden) must provide a local contact (i.e. person or entity who is permanently resident in Sweden). more»

UDRP Does Not Apply To Bad Faith Domain Name Renewals – Part II

The first part of this article offered background examination on why Uniform Dispute Resolution Policy (UDRP) fails to apply to domain name renewals. Here, in the second part of this two part series, we will examine UDRP further by reviewing cases involving the renewal of domain name registrations. more»

Trend Towards Liberalization Of Country Domain Names: Enters .CN

On Monday 17 March, domain name registrations under the new Chinese Internet address, .cn, were available for the first time to registrants both inside and outside of China. As China's equivalent of .uk, or .us, the .cn domain space will be the Internet address of choice for Chinese consumers and for corporations interested in operating in one of the largest Internet markets. more»

A Sustainable Framework For The Deployment Of New gTLDs - Part II

Part I of this article explored some of the current thinking and direction that key policy-makers seem to be headed with the creation of new gTLDS. This part focuses on a new alternative plan for the ongoing deployment of new gTLDs.

ICANN is likely to see many proposals over the coming weeks that attempt to deal with the thorny issue of how to rollout new gTLDs. Any plan that deals with the rollout of new generic top-level domain names must ensure that the expansion of the namespace does not disrupt the existing infrastructure and services. more»