ICANN Grants Data Retention Waiver To 5 German Registrars And Moniker

icannICANN granted data retention waivers to 5 German registrars and Moniker that is US based but is owned by the European group KeyDrive S.A.:

  1. Key-Systems, LLC
  2. Key-Systems, GmbH
  3. InterNetworX Ltd. & Co. KG
  4. http.net Internet GmbH
  5. AZ.PL, Inc
  6. Moniker Online Services LLC

Moniker’s technical backend services provider as well as data storage and collection occur on servers hosted and operated in Germany, and is subject to German law. Accordingly, ICANN has determined that it is appropriate to grant the Registrar a data retention waiver. Moniker does not appear to have signed the 2013 RAA yet. Continue reading

Nominet: 674 DRS Complaints in 2013 (complaints down 17%, 55% of domains transferred)

nominetNominet published a summary that shows that the number of domain name disputes handled by Nominet fell by over 17% in 2013. The summary provides an overview of all the complaints that were filed with the organisation’s lauded Dispute Resolution Service (DRS) in 2013, including an analysis of the outcomes and trends compared to previous years now that all the complaints have been closed. Brands using the DRS in 2013 included Lego, Swarovski, Cash Converters, O2, Virgin, L’Oreal, Coast Fashions, Barclays and St Johns Ambulance.

Nominet established the DRS over 12 years ago to offer an efficient and transparent method of resolving disputes relating to .uk domain names which are administered by Nominet. The DRS seeks to settle disputes through mediation and, where this is not possible, through an independent expert decision.

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ICANN Grants Data Retention Waiver To 4 European Registrars

ICANN granted data retention waiver to 4 European registrars:

  2. 1API GmbH
  3. ingenit GmbH & Co. KG
  4. Registry Gate GmbH

The 4 registrars submitted to ICANN a Registrar Data Retention Waiver Request pursuant to Section 3 of the Data Retention Specification of the 2013 RAA, which provides that if a registrar is subject to the same applicable law that gave rise to ICANN‘s request to grant a previous data retention waiver under the 2013 RAA, a registrar may request that ICANN grant a similar waiver, which request shall be approved by ICANN, unless ICANN provides Registrar with a reasonable justification for not approving such request.

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ICANN Tells U.S. Court That Country Code Top-Level Domains (ccTLDs) Are Not “Property”

The Internet Corporation for Assigned Names and Numbers (ICANN) has told a U.S. federal court in the District of Columbia, that a country code Top-Level Domain (ccTLD) cannot be considered “property,” and thus cannot be attached by plaintiffs in a lawsuit, who are trying to obtain the assets of countries that they argued have supported terrorism.

“We filed a Motion to Quash in the US federal court today, to ensure that the court has the essential information about how the Internet’s domain name system (DNS) works. While we sympathize with what plaintiffs may have endured, ICANN’s role in the domain name system has nothing to do with any property of the countries involved”, said John Jeffrey, ICANN’s General Counsel and Secretary.

“We explained in our Motion to Quash, that country code Top-Level Domains (ccTLD) are part of a single, global interoperable Internet which ICANN serves to help maintain.” Jeffrey further explained that “ccTLD’s are not property, and are not ‘owned’ or ‘possessed’ by anyone including ICANN, and therefore cannot be seized in a lawsuit.”

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Trademark Clearinghouse Has 31,866 Marks And 89,773 “TM” Notices Have Been Sent

The Trademark Clearinghouse has published it’s latest stats. So far 31,866 marks have been submitted to the Trademark Clearinghouse as of the 28th of July 2014. The number of marks were 30,916 on the 19th of June. So the Trademark Clearinghouse added 950 trademarks in these past 40 days.

Finally there have been 89,773 notifications sent out to TM holders so far. This means that 89,773 (or probably less) new gTLD domain names have been registered that contain a mark that is registered in the Trademark Clearinghouse. The registered domains are probably less than 89,773 as when a domain, that consists of a trademark that is registered by multiple parties in the Trademark Clearinghouse, is registered then multiple notifications are sent to TM holders.

On itself that doesn’t mean something to me as it is getting more difficult with each passing day to find a dictionary term that is not registered in the Trademark Clearinghouse and because of availability most of the New gTLD domains that are registered consist of just 1 word. Common terms such as “insurance” or the letter “e” are trademarked.

I am almost certain that almost 99.9% of these 89,773 domain registrations do not infringe on any trademark. Of course most of it all depends on the use. Continue reading

Potential Scandal At WIPO Involving Director General Francis Gurry

TheRegister did an article yesterday exposing allegations of bizarre and potentially illegal conduct within the World Intellectual Property Organisation (WIPO). The Register obtained access to an internal report indicating reasonable grounds to suspect serious misconduct within the UN agency.

“The report, published exclusively by The Register today, outlines serious allegations against WIPO chief Francis Gurry. The organisation’s staff council has also demanded a prompt and independent investigation.

An OnlineDomain.com reader brought this article to my attention and he also commented that “Francis Gurry has been a flag-waver for UDRP from day one, and he has written some very one-sided papers trying to expand the power of the UDRP against domainers. He’s always putting out releasing saying that cybersquatting is on the rise, even when it isn’t.” Continue reading

Neustar Announces usTLD Rapid Suspension for .US Domains

On July 1, Neustar will become one of the first country-code top-level domains to implement the usTLD Rapid Suspension Procedure (“usRS”). Although this new mechanism has been introduced with the new generic top-level domains approved by the Internet Corporation for Assigned Names and Numbers, it is not widespread within the ccTLD community.

The usRS will provide intellectual property rights holders a faster, more cost-effective mechanism to resolve clear-cut cases of trademark infringement within the usTLD than the existing .us Dispute Resolution Policy (“usDRP”).

Under the usRS, the complainant must demonstrate by clear and convincing evidence that: Continue reading

Student Wins The Domain ThePirateBay.dk From Domainer In A Strange Case

TorrentFreak reported that a student from Denmark filed and won a complaint against James McAvoy of Bristol, UK, “who appears to be a prolific purchaser of domains” as Torrent Freak says, for the domain name ThePirateBay.dk. The decision was that James McAvoy’s registration of the domain should be canceled and ThePirateBay.dk will be transferred to the student by June 13, 2014.

The domain ThePirateBay.dk was registered in August 2010. The DomainTools.com reports that James McAvoy owns about Continue reading

DRS Complaint for Rock.co.uk denied as registrants are not obligated to use their domains

An attempt to grab the domain name Rock.co.uk using a DRS complaint, the equivalent to UDRP for .co.uk domains, was denied as the Complainant failed to prove that it had rights to a mark and that the registration was abusive.

The Independent Expert said that “Registrants in the .uk space are under no obligation to use their domain names and failure to do so is not in itself Abusive. While I can understand the Complainant’s frustration in seeing a potentially useful domain name lying unused, this is not a matter for the DRS.”

Rock.co.uk was registered in 2010 by it’s owner from California. The domain does not currently resolve and is registered with Enom.

According to the Independent Expert that handled the case, the Complainant Continue reading

Fake Trademarks Stealing Generic Domains In New gTLD Sunrises

Have you heard of “What Box Holdings“, “Plan Bee LLC” andThomas A. Brackey II“? If you are looking to buy a New gTLD domain name you probably have. They managed to register more than 300 premium generic domain names before anyone else. How? Using “fake” trademarks in Sunrise.

They have registered domain names such as cloud.guru, social.photos, Build.house, BET.guru, online.bike, VACATION.photos, discount.repair etc.

I am sure they will tell you that these are not fake trademarks. They have about 40 real trademark registrations in Switzerland, although they only operate in the US, for non existent
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