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From 5 April to 14 May 2004 trade mark owners can apply in the .pro domain for defensive registrations corresponding to their marks. The .pro domain is only available to doctors, lawyers and CPAs during this period, known as a "sunrise period". ...During the period when the creation of ten new generic domains is being discussed, it seems timely to wonder whether the multiplicity of generic extensions is not killing the specificity inherent of each of them. In addition, having a "sunrise period" for this new domain might be perceived by trade mark owners as an invitation to spend money rather than as a measure aimed at protecting their intellectual property rights. more
The American Bar Association/International Chamber of Commerce (ABA/ICC) recently released a survey on global Internet jurisdiction. The survey, co-chaired by Professor Michael Geist, involved nearly 300 companies in 45 different countries. It found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. The study has also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions. more
CircleID recently interviewed Jonathan Weinberg, Professor of Law at Wayne State University to discuss legal and regulatory issues that have been raised against Internet Corporation For Assigned Names and Numbers (ICANN). VeriSign, the registry operator of the two most popular top-level domains .com and .net, filed a lawsuit against ICANN on February 26, 2004 complaining that the Internet regulatory body has extended "its authority beyond the scope of its contracts". Did ICANN cross its contractual boundaries? To what extent does ICANN's contract limit its technical coordination functions and how much of a threat does VeriSign's lawsuit impose? Jonathan Weinberg explains... more
National Telecommunications and Information Administration (NTIA) has made a long term commitment to taking the actions necessary to reform ICANN. Specifically, the Department of Commerce's Strategic Plan for FY 2004-2009 discusses the need for NTIA to take action to reform ICANN. The Strategic Plan details three Strategic Goals for the Department to achieve over the next five years. The second goal is to "Foster science and technological leadership by protecting intellectual property, enhancing technical standards, and advancing measurement science." more
I thought of ICANN yesterday when reading about the devolution of the Iraqi Governing Council, which managed to unite for just a moment to approve a constitution with about the half-life of lutetium. ICANN and the IGC: two institutions put in charge of ill-behaved constituencies and stuck in chronic failure mode. Could anything be learned by examining them at arm's length? Indeed, different as they are, their histories contain several common elements... more
In an RFC prepared by Donald E. Eastlake 3rd and Declan McCullagh, an analysis is offered for proposals to mandate the use of a special top level name or an IP address bit to flag "adult" or "unsafe" material or the like. This document explains why these ideas are ill considered from legal, philosophical, and technical points of view: "Besides technical impossibility, such a mandate would be an illegal forcing of speech in some jurisdictions, as well as cause severe linguistic problems for domain or other character string names." more
You may have seen a new proposal for a "mobile" top-level domain name for use by something called "mobile users" whatever they are. (The domain will not actually be named .mobile, rumours are they are hoping for a coveted one-letter TLD like .m "to make it easier to type on a mobile phone.) Centuries ago, as trademark law began its evolution, we learned one pretty strong rule about building rules for a name system for commerce, and even for non-commerce.
Nobody should be given ownership of generic terms. Nobody should have ownership rights in a generic word like "apple" -- not Apple Computer, not Apple Records, not the Washington State Apple Growers, not a man named John Apple. 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
In a press release issued Wednesday, March 03, 2004, Go Daddy Software, Inc., defended ICANN's right to regulate VeriSign's registry services and called for a formal review of the company's position as an "exclusive registry." This announcement from Go Daddy, which comes one week after VeriSign filed a lawsuit against ICANN, pledges $100,000 to ICANN for its defense of the VeriSign lawsuit. Go Daddy, which ranks among the top 3 largest domain name registrars in the world and one of VeriSign's largest customers, has also sent a letter to both the U.S. Department of Commerce (DOC) and the Internet Corporation for Assigned Names and Numbers (ICANN) strongly urging both groups to undertake a formal review of VeriSign's registry position.
In this special interview, CircleID has caught up with Bob Parsons, President and Founder of Go Daddy, where he provides in-depth discussions of Internet Innovation, ICANN, VeriSign's Global Registry Services, Top-Level Domains and the current legal battles. more
I am at the ICANN meeting in Rome. The big story here is that ICANN is under attack for not sticking to its narrow mission -- technical coordination of the DNS and IP numbering system. People here are referring obliquely to the VeriSign lawsuit as "recent events" (as in "in light of recent events"). This euphemism reminds me of words used to reference the US Civil War ("the late unpleasantness"). more
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