arbitration – Internetblog.org.uk

ICANN "fined" $475,000 for rejection of .xxx

Mon, 22 Feb 2010 04:28:02 +0000

The International Centre For Dispute Resolution ruled yesterday that ICANN should pay ICM Registry, the main proponent of the controversial .xxx domain, $475,000 in damages plus $221,000 in arbitration fees for its rejection of the extension.

Fortunately for ICANN, the ruling is not binding. ICM has applied for the extension three times since 2000, only to be rejected each time by the California agency. Though .xxx at one point came very close to approval, ICM feels ICANN’s rejections constitute unfair censorship and is still pushing to have it approved.

It will be interesting to see what effect this ruling has on the new gTLD program currently in planning. Could ICANN face real lawsuits for rejecting extensions? Can it legitimately reject an extension without becoming an instrument of censorship? These are just two questions that will need to be addressed if the “non-profit” plans on moving forward.

Source | The Domains
Photo | PatriotPro

Cybersquatting may be on the decline

Wed, 20 Jan 2010 16:30:46 +0000

Data collected from a number of arbitration panels, including the WIPO and National Arbitration Forum, show that cybersquatting may be on the decline. Last year saw a 9% decline in the number of cybersquatting cases filed overall, a three-year low.

Unfortunately, this decrease does not necessarily mean the number of cybersquatters has gone down. Instead, complainants are saving money by filing for multiple domains at once. The actual number of domains disputed before panels has actually increased.

According to the WIPO and NAF, 90% of cases last year were decided in favour of the complainant.

Wal-Mart wins domain dispute

Mon, 28 Dec 2009 16:56:32 +0000

Big box retailer Wal-Mart won two domains in a recent arbitration dispute: peapleofwalmart.com and walmart-winners.com. The corporation claims the names were used in bad faith “to raise advertising revenue through the use of sponsored links.”

This case is interesting because the owner of peapleofwalmart.com probably didn’t mean to profit from Wal-Mart. The name is a typo of peopleofwalmart.com, a popular third-party website that pokes fun at the store and its shopper. If anything, the name belongs to People of Walmart.

The problem with the WIPO arbitration panel is it often does a poor job of investigating cases. Rather than take the time to look into a matter, they are often quick to announce “case closed” as soon as one party mentions trademark infringement.

Photo | Flickr

Domain name arbitration

Fri, 04 Dec 2009 15:07:08 +0000

Coca-Cola has won rockncoke.net in a domain name arbitration case at the WIPO. The beverage company claimed the domain was confusing similar to its trademark and used in bad faith.

The panel responsible for the ruling also believes that the registrant intended to sell the name to Coca-Cola and turn a profit. This is a clear-cut case of cybersquatting.

Rock’n Coke is a music festival sponsored by Coca-Cola held every summer in Istanbul, Turkey. Performer’s at this year’s event included Linkin Park, Kaiser Chiefs, and Nine Inch Nails.

Photo | Flickr

Apple gains control of itunes.com.mx

Wed, 18 Nov 2009 16:27:46 +0000

Given the large number of domain extensions out there, it’s nearly impossible for companies to register a domain on each one for all their products. This explains why Apple recently filed a dispute over the name itunes.com.mx, which had been registered several years earlier by a cybersquatter.

Naturally, Apple won the domain because of its trademark on the term “iTunes.” With the introduction of gTLDs next year, expect to see more causes like this one. There are simply too many extensions for one company to keep track of, and when new ones begin to appear on a regular basis, it will be even harder for trademark holders to enforce their rights.

Source | Domain News
Photo | Flickr

Janet Jackson wins domain arbitration case

Fri, 13 Nov 2009 14:34:09 +0000

Janet Jackson has won a domain dispute submitted by her representative, Stephen J. Strauss, to the National Arbitration Forum. The name in question is rhythmnation1814.com, which she claims violated her trademark on the album name “Rhythm Nation 1814.”

The arbitration panel ordered the name be transferred to Jackson. It is probably a good thing she did not show up to the NAF in person, otherwise she might have risked another wardrobe malfunction.

Source | Domain News
Photo | Flickr

Kate Hudson initiates battle for KateHudson.com

Wed, 28 Oct 2009 14:07:51 +0000

Award-winning actress Kate Hudson submitted a complaint with the National Arbitration Forum this week over the domain KateHudson.com. She is asking that the name be transferred to her.

The registrant is Fei Zhu, a Shanghai resident. He has owned the name since 2006, but it will be hard for him to prove he isn’t using the name in bad faith.

Kate Hudson is best known for her roles in How to Lose a Guy in 10 Days, Bride Wars, and Almost Famous.

Source | Domain News
Photo | Flickr

AAA wins battle over AAA.net

Thu, 22 Oct 2009 18:55:52 +0000

A Pennsylvania judge ruled earlier this week that the domain AAA.net be transferred to the American Automobile Association (AAA).

The judgment ended a long legal battle between the AAA and the registrant, James M.
Van Johns. AAA claimed that Van Johns and his company, QTK Internet, Inc, were committing cybersquatting by profiting off the AAA name.

It also negates a previous ruling made by the National Arbitration Forum in favor of Van Johns. It’s unusual for arbitrated decisions to be disputed in court, but in AAA’s case, it had the money and incentive to fight the NAF’s ruling.

Source | Reuters

Yahoo seeks to get hands on Yahoo.tel

Wed, 23 Sep 2009 14:02:02 +0000

Internet giant Yahoo recently filed a complaint with the National Arbitration Forum, arguing that it has rights to Yahoo.tel. The domain was registered on March 23, 2009 by David Blanco of Oviedo, Spain.

Yahoo will likely win the dispute. Given the company’s vast web presence and many trademarks, how can the current owner justify his use of the name?

What Yahoo should be concerned with is why it didn’t register the name in the first place. The .tel TLD, like all other new extensions, mandated a sunrise period where trademark holders could register their names before the mainstream public. Obtaining the domain then rather than paying the National Arbitration Forum fees to get the name now would have saved the company quite a bit of money.

Source | Domain News
Photo | Flickr

Kraft loses dispute over Oreo.nl

Mon, 14 Sep 2009 00:50:45 +0000

In a rare victory for the little guy, a domain arbitrator has ruled that Kraft has no right to Oreo.nl, which the company recently filed a dispute over.

J.C. van Winkel registered Oreo.nl in 2000. He uses the name for his personal email, but never set up a site with it. With the recent introduction of Oreo cookies to the Netherlands, however, Kraft decided it wanted the name, claiming that van Winkel’s use violated its trademark.

Though Kraft certainly has rights to the Oreo name, the arbitrator ruled that the corporation could not prove that van Winkel had no rights to the domain, either. In other words, both parties had a legitimate interest in Oreo.nl, but van Winkel was the early bird who got the worm.

This case is interesting because, unlike others in the past, the arbitrator ruled that email constitutes valid use of a domain. Just because a domain doesn’t have a site associated with it doesn’t mean the owner has no rights to it.

Source | Domain Name Wire

Photo | Flickr