30 January 2013

ICANN’s domains under attack

ICANN’s domains under attack | Loeb & Loeb LLP - JDSupra: "(Originally published in the December 2012/January 2013 issue of Intellectual Property Magazine.)  In the wake of ICANN’s failure earlier this year to dismiss anti-trust allegations arising from the new generic top level domain (gTLD) rollout, ICANN now faces challenges to the delegation of 190 of the newly applied for gTLDs. Two federal court filings in California, bookends to ICANN’s recent meeting in Toronto, portend just a few of the many minefields ICANN will be forced to navigate before the current gTLD rollout is accomplished." 
Please see full alert at link above for more information.

UDRPsearch - NAF 1470990 - Laminex, Inc. | Yan Smith: "1470990 theidshop.com
Laminex, Inc. Yan Smith CLAIM DENIED
07-Jan-2013"FINDINGS - The Complaint is barred by the doctrine of laches.  DISCUSSION-
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."  Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1)  the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2)  Respondent has no rights or legitimate interests in respect of the domain name; and (3)  the domain name has been registered and is being used in bad faith. . . . "

Two cases show the inconsistency of RDNH
Domain Name Wire
A majority of the Panel notes that Complainant provided little enough support in its Amended Complaint regarding Respondent's bad faith that had Respondent pressed the issue, a finding of Reverse Domain Name Hijacking (“RDNH”) —i.e. a finding that ...

Blackberry Using Domain Name Won via UDRP
Elliot's Blog (blog)
In 2006, Research in Motion (RIM), maker of the Blackberry smart phones, filed a UDRP for BlackberryWorld.com, and it was awarded the domain name by the three member UDRP panel in January of 2007. This domain name had been initially registered in ...

Protrada Offering Free Introduction to Domain Investing eCourse
Elliot's Blog (blog)
These people come from diverse backgrounds, and they are either looking to supplement their income or possibly change careers with a focus on domain name investing. I learned that the company is now offering a free comprehensive online course for all ...

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