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Richard Dawkins files UDRP claim for richarddawkins.com?

Kevin Murphy, April 8, 2010, Domain Policy

Biologist Richard Dawkins, perhaps the planet’s most famous and controversial atheist, has apparently filed a UDRP claim for richarddawkins.com.

The domain, which is down, is registered to a New Jersey address. For the last 10 years, up until at least a week ago, it has sold Dawkins’ books via Amazon’s affiliate program.

The UDRP case was filed with the National Arbitration Forum yesterday. The parties to the case are not yet listed.

Dawkins’ official web site is hosted at richarddawkins.net.

Interestingly, richarddawkins.org is owned by the loopy creationist group Access Research Network. ARN’s page incorrectly points visitors to richarddawkins.com if they want the “official” site.

Dawkins may have a struggle on his hands. Celebrity cybersquatting cases are rarely straightforward, and he may have trouble proving both trademark rights and bad faith.

Better knock on wood, Richard.

Christians descend on ICANN’s .xxx forum

It took a few weeks, but American Christian groups have finally noticed that ICM Registry’s .xxx domain is back under consideration at ICANN.

The number of comments on ICANN’s latest .xxx public comment forum has rocketed today, reminiscent of the first time this proposal was considered.

While the emails fail to address the issues at hand — how ICANN should process ICM’s application in light of the IRP decision — they do at least avoid using form letters.

The general sentiment is anti-pornography, rather than anti-.xxx.

Here’s a sample:

Please do not approve a .xxx domain for peddlers of pornography. Pornography is degrading to women and destructive to families.

and

Pornography is vile and can lead to breakdown of marriages, abuse, even murder in some cases.

and

Money talks, and the money this kind of sleaze (“Dot-XXX”) generates veritably screams.

and

History has shown that civilizations that go down this road eventually fail due to lack of moral standards. This type of internet will increase the danger of a society that has no moorings, that has no “right or wrong.” It will lead to more such atrocities such as drugs, revolting against society, even death.

I hope you’re listening, ICM Registry. You are the lead in the drinking water.

Check it out.

Allstate cybersquatter gets away with it for a decade

Kevin Murphy, April 1, 2010, Domain Policy

Allstate Insurance Company, a US insurer with over $30 billion in revenues, has just won a UDRP claim over AllstateInsurance.com, almost 10 years after the domain was first registered.

The company has been using the Allstate trademark for almost 80 years, and is currently the second-largest insurance company in America.

AllstateInsurance.com, the exact match of its company name as well as a combination of its trademark and its primary line of business, was registered in November 2000.

It is currently registered to a Korean individual named Seung Bum; he fought the UDRP claim unsuccessfully.

After a brief period being used by an apparently genuine insurance firm, the domain has been parked with PPC ads for other insurance companies for the best part of the last decade.

The volume of type-in traffic over than period must have been substantial, and one can only speculate how much revenue was accumulated.

All of which begs the question: why on earth did Allstate wait 10 years to file a UDRP claim?

It seems that cybersquatting, at least in this case, pays.

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.