Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more
The termination of ICANN-accredited registrar EstDomains is to go ahead, effective 24 November 2008. On 28 October 2008, ICANN sent a notice of termination to EstDomains, Inc. based on an Estonian Court record reflecting the conviction of EstDomains' then president, Vladimir Tsastsin, of credit card fraud, money laundering and document forgery. Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, "Any officer or director of [a] Registrar is convicted of a felony or of a misdemeanor related to financial activities..." more
In the past year ICANN has been putting a lot more effort into its compliance activities, which is a good thing, since the previous level was, ah, exiguous. That's the good news. The bad news is that while they're paying more attention to misbehaving registrants, the registrars, gatekeepers to the world of domains, have serious issues that ICANN has yet to address. more
The Coalition Against Domain Name Abuse (CADNA) recently released a statement that implied that cybersquatting is a criminal activity. It said, "CADNA has been working diligently to further international and national policies that combat the practice of cybersquatting... As brands continue to learn about the prevalence and practice of online criminal activities..." While, Internet Commerce Association (ICA) vigorously opposes cybersquatting, it is important to note that cybersquatting is a civil matter, not a criminal one. There is a good reason that cybersquatting is a civil matter... more
A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address. more
Hoang v. Reunion.com sidesteps an eagerly anticipated legal dispute over the legality of commercial address book scraping and 'send-to-a-friend' emails, and also highlights the damage that can cascade when a federal Circuit Court woefully misreads a statute. more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
ICANN has sent EstDomains a termination notice: "BBe advised that the Internet Corporation for Assigned Names and Numbers (ICANN) Registrar Accreditation Agreement (RAA) for EstDomains, Inc. (customer No. 919, IANA No. 943) is terminated..." more
Navigation Catalyst Systems (NCS) has settled the well publicized cybersquatting lawsuit brought against it by Verizon. The terms of the settlement are simple and straight forward, amounting to little more than an agreement by NCS to no longer register domains similar to Verizon's trademarks again. No money was apparently paid by NCS as part of the resolution. more
My friend Kevin Thompson over at Cyberlaw Central reminded me this morning in this post that President Clinton signed the Digital Millennium Copyright Act ten years ago today. Tempus fugit. It's interesting to reflect on how this critical piece of legislation has affected (I think fostered) the growth of the online infrastructure with its safe harbor provisions found at 17 U.S.C. 512. more
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