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Deloitte brand list encourages UDRP claims

Kevin Murphy, March 31, 2010, Domain Policy

The number of UDRP claims a company files will help it qualify for a list of 100 brands that qualify for special protection in new gTLD launches.

Deloitte’s new brand list, expected to be published within a week, was created in response to ICANN’s call for a “globally protected marks list” or GPML, that new gTLDs can use in their sunrise periods.

The number of times a brand has been subject to a UDRP complaint is one of four criteria Deloitte is using for inclusion on the list.

.CO Internet, manager of the newly relaunched .co ccTLD, is already using the list in its sunrise period, referring to it as a “Specially Protected Marks” list.

Deloitte is more cautious, pointing out that while it was designed to fulfil some of the objectives of the ICANN GPML, it is not “the” GPML.

The company says: “the list published by Deloitte specifically intends to provide a fair view on which brands stand out in the safeguarding and enforcement of rights in the context of domain names.”

To make it onto the list, brands are assessed on these criteria: the web site’s ranking, the number of trademarks registered worldwide, whether the brand has participated in a previous sunrise, and how often the brand is cybersquatted.

For this last criterion: “Deloitte has reviewed in particular how many times a certain trademark has been invoked in the context of domain name dispute resolution proceedings, in particular in UDRP.”

UDRP claim pits .me against .me.uk

Kevin Murphy, March 29, 2010, Domain Policy

The owner of GuestList.me.uk has filed a UDRP claim against the registrant of GuestList.me.

As far as I can tell, this is the first UDRP case to directly pit a company built on a .me.uk brand against the registrant of the .me equivalent.

GuestList.me.uk is a London, UK-based nightclub promotions site that has been using its domain since 2003.

GuestList.me, which does not currently resolve, was registered through LCM.com’s privacy service on July 18, 2008, during the first 24 hours of .me general availability.

Given that LCM is a UK-based registrar, it seems plausible that GuestList.me’s registrant is also British.

It will be interesting to see which way this decision goes. There’s plenty of opportunity for precedent.

Microsoft wins Bing.com IDN case

Kevin Murphy, March 18, 2010, Domain Policy

Microsoft has won a UDRP dispute over xn--bng-jua.com, an IDN typo of its Bing.com search engine brand.

The domain shows up as bıng.com when run through a Punycode translator, virtually indistinguishable from Microsoft’s trademark.

In what appears to be an open-and-shut case, National Arbitration Forum panelist Louis Condon found that the domain was registered in bad faith and transferred it to Microsoft.

The domain was registered on May 27, 2009, the day before Microsoft officially unveiled Bing (the news had already been leaked) and immediately parked.

The original registrant, Jason Harrington of Pennsylvania, did not respond to the UDRP complaint.

Internet ‘villain’ to headline ICANN Brussels

Kevin Murphy, March 17, 2010, Domain Policy

It’s a date! Viviane Reding, European Commissioner for Justice, Fundamental Rights and Citizenship, has accepted Rod Beckstrom’s invitation to attend ICANN’s meeting in Brussels this June.

Reding is a mildly controversial figure in the domain name world.

Notably, she is the recipient of a UK Internet Service Provider Association Internet Villain award over the launch of .eu, which happened under her watch as Information Society commissioner.

ISPA nominated her in 2007, for “foisting the most arcane set of rules yet seen for prior registration of .eu domains, requiring UK-registered companies to submit legal affidavits to justify the authenticity of their business.”

Arcane rules? At an ICANN meeting? Shurely shome mishtake.

It’s not clear whether Reding will be speaking at the meeting. She’s agreed to attend on June 22, the same day as the Governmental Advisory Committee meeting.

Beckstrom: DNS is under attack

Kevin Murphy, March 11, 2010, Domain Policy

ICANN chief Rod Beckstrom has come in for a bit of criticism over “inflammatory” comments he made at the Government Advisory Committee meeting on Tuesday.

The headline quote: “The domain name system is more fragile and vulnerable today than it has ever been. It could stop at any given point in time, literally.”

Beckstrom described a DNS on its knees, then pointed the finger at unspecified nations for DNS abuses allegedly happening within their virtual borders, and said he would be writing to GAC members for more information and advice.

It was part call to arms, part Chicken Little.

If you missed it, here’s a full transcript. (continue reading)