The wrangling around the Communications Assistance to Law Enforcement Act (CALEA) is one of those issues that creeps inexorably forward and is hard to follow unless you're really focusing. So here is a quick, if longish, overview: CALEA is a 1994 statute that requires telephone companies to design their services so that they are easily tappable by law enforcement in need of "call-identifying information." Back in August 2005, following a request from the Dept. of Justice, the Commission moved swiftly to impose CALEA obligations on providers of broadband access services and "interconnected VoIP" services... more
ICANN has announced that it is seeking input and feedback on the topic of domain tasting. (See their announcement for full details) Interestingly enough Michael Gilmour published an article a couple of days ago covering the same topic - "Why domain tasting is great!", which will probably raise a few hackles! One point that in particular caught my eye... more
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. 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
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
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. 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
Verizon filed sued against iREIT and Domain Marketplace a couple of weeks ago in a Texas court, alleging cybersquatting. David Kesmodel's blog broke the story, and I used the PACER system to obtain the court filings, which are posted here. Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet." more
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