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Showing posts with label domain names. Show all posts
Showing posts with label domain names. Show all posts

JotForm Shut Down by US Secret Service

The strange case of the US Secret Service having a website taken down, by having the domain name registrar (GoDaddy) block the use of the domain name.
See here and Wired and eWeek.
Maybe a good reason to use a non-U.S. domain name registrar?

Brand xxx marks dot danger


The arrival of a generic top-level domain specifically for the porn industry has worrying implications and likely costs for many well known labels.
There is more trouble for brand owners brewing in cyberspace, with ­fundamental changes to the domain name system being implemented. In March 2011, following successful lobbying from the adult entertainment industry, the Internet Corporation for Assigned Names and Numbers (ICANN) agreed to allow the ­creation of a new generic top-level domain (gTLD) specifically for the adult entertainment industry. A gTLD is represented by the letters that come after the dot in a domain name, such as .com or .net.
The new adult entertainment top-level domain is .xxx and will come online next year.
This has implications for every business because brand names could be used in domain names for adult websites. For example, someone could register the new domain name sportsgirl.xxx or boostjuice.xxx for a porn website.

Speedo Shuts Down Blogger and Gets Domain Name

A NSW man has been ordered to shut down several pornographic websites featuring Speedo swimwear and using the company's trademark. Speedo Holdings took Central Coast blogger Dave Evans to court claiming he had used the trademark under aliases and without the company's consent. The company claimed the websites and the use of the company's trademark as part of his domain names could damage the "valuable reputation and goodwill associated with the name and trade mark Speedo". In the Federal Court of Australia on Thursday, Justice Geoffrey Flick ordered Evans to stop operating and registering any domain name containing the name Speedo. He was also restrained from operating websites featuring any sign of the Speedo trademark. Evans, who didn't appear in court, was ordered to transfer the domain names to Speedo within 21 days.

Seizure of Domain Names

A post from a student:

"Earlier this year an Act was passed by the US government (Combating Online Infringements and Counterfeits Act) which specifically allows the seizure of any website which has been "'primarily designed' to offer goods and services in violation of the Copyright Act and / or the Lanham Act".


In February the US Department of Homeland Security used this new act to seize 83 internet domains. The seizure involved re directing the DNS of that domain to a banner as shown here. One domain in particular was channelsurfing.net, this web site hosted links to other sites which hosted copyrighted material. The site operator Brian McCarthy is now facing court for Criminal Infringement of a Copyright.


As a part of this DNS seizure the DNS hosting provider FreeDNS was disabled. This caused the approximately 84,000 customers of FreeDNS to be redirected to the DHS 'banner', some of whom were not related to the original seizure at all (eg RapGodFathers.com)."


Compare the Australian case of

Cooper v Universal Music Australia Pty Ltd [2006] FCAFC 187


See also

http://news.cnet.com/8301-1023_3-20023918-93.html

http://www.rawstory.com/rs/2011/03/10/new-york-man-faces-five-years-in-jail-for-linking-to-online-videos/

http://act.demandprogress.org/sign/dhscomplaint/?source=front


Australian Domain Names

Australia’s Internet community celebrated a significant milestone last night with the registration of the two millionth .au domain name.

UDRP - Bad Faith Registration

In a UDRP proceeding against a cybersquatter, the Complainant has to prove three elements. The third element is bad faith registration and use. Some decisions have interpreted this requirement as being bad faith registration only. However, the traditional view that both bad faith registration and bad faith use is required, was supported, by majority, in the recent SimplyBusiness.com decision.

See also this DomainNameWire article.

Note that in Australia, under the auDRP, the requirement is different -- bad faith registration or bad faith use ("domain name has been registered or subsequently used in bad faith").

7s Domain Name Decision

Is it cybersquatting to point a domain name to a website that has no relationship with the semantic meaning of the domain name?

See 7(s) v. Luo decision

Discussion: Domain Name Wire

Use of Domain Names is Passing Off - UK Decision

In Lifestyle Management Ltd v Frater, a former agent of Lifestyle Management Ltd has been found by the UK High Court, on an application for an interim injunction, to have committed acts of passing off by pointing certain domain names to websites that closely resembled his former principal's website.

See also this case note.

Domain Name Decision

Recent domain name decision regarding bad faith.

Domain name disputes and cyberquatting

Domain name disputes and cyberquatting

What are the common elements of domain name dispute resolution process?

For a good overview of the Uniform Dispute Resolution Process (UDRP), and the factors relevant to each element, see the WIPO website.

The Australian Dispute Resolution Process for domain names (managed by auDA), can be found here.

What are the differences between these two policies.

We will be discussing some of the following cases, which would be good to review before class:

brisbane.com

q1resort.com

"sucks" cases - red bull and bakersdelightlies

personal names

Who should win in this case?

We will also discuss the proposal for new top level domains.

Meta-tags and Google Keywords - TM infringement

A recent Queensland case concerning trademark infringement issues, relating to Internet marketing. The case considers Google AdWords keywords, meta-tags and domain names in the context of trademark infringement.
Tailly operated businesses under names such as "Circle on Cavill Private Apartments" and "A1 Gold Coast Holidays". Tailly went into bankruptcy last Thursday.
See also:


Domain Names

Carly Long, an expert in domain name litigation, will teach the first half of the class this Tuesday evening.

You may wish to have a look at the following:

FAQs

jackass.com

pig.com

RBCDainRauscher.com

sonypitcures.com

vanmorrison.com

Panel Views

See also, UDRP Commentaries

Letter to ICANN

Cybersquatting

Cybersquatting Cases Hit Record In 2008
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.

xxx domain name controversy

Michael Geist writes that the recent ICANN decision to reject the creation of a new dot-xxx domain name extension (reported in this blog) may have long-term implications for Internet governance since it sparked enormous controversy and provided ample evidence of US government intervention into ICANN matters.

Read more here.

Release of geographic names in com.au and net.au

auDA is lifting the restriction on the use of geographic names as domain
names in com.au and net.au.

auDA has determined that the fairest and most effective way of releasing
the geographic names will be by way of individual ballots.

auDA intends to launch the ballot process in June 2005.

For more information please refer to the announcement at
http://www.auda.org.au/news.php?newsid=37

How should damages be assessed for privacy and cybersecurity breaches

Listen to this podcast where I discuss how damages should be assessed in privacy and cybersecurity lawsuits. The Lawyers Weekly Show host J...