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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.

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Apple secures iPad trademark

Kevin Murphy, March 29, 2010, Gossip

Apple has bought the “iPad” trademark, as it relates to handheld computers, from Fujitsu.

The deal removes any doubt, if there ever was any, that anybody registering domain names containing the string had better unload them quickly or get lawyered up.

According to PatentAuthority.com, the US trademark on iPad was transferred to Apple on March 17. Details of the deal were not disclosed.

Fujitsu filed for the trademark several years ago to cover its line of handheld retail devices.

You may recall that a music producer made headlines last week for attempting to sell the domain ipaddownloads.com and others for $1 million on eBay.

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WIPO wants tougher cybersquatting rules on new gTLDs

Kevin Murphy, March 29, 2010, Domain Registries

The World Intellectual Property Organization reckons ICANN should toughen its stance against new gTLD registries that allow cybersquatting.

The “trademark post-delegation dispute resolution procedure” or Trademark PDDRP would let trademark holders try to suspend new TLDs and receive compensation when a registry allows cybersquatting.

WIPO wants the burden of proof on trademark holders relaxed, making it much easier to file complaints.

Currently, the draft process would require complainants to show registries’ “specific bad faith intent” to profit from cybersquatting.

WIPO thinks this should be broadened to include deliberate recklessness.

“In seeking to give meaning to ‘intent,’ the criteria should, without as such imposing or implying any sweeping registry policing duty, also encompass instances of willful blindness,” WIPO wrote.

The comments came in response to ICANN’s public comment period on the process, which closes on Thursday.

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ICM says ICANN’s options for .xxx are ‘unacceptable’

Kevin Murphy, March 28, 2010, Domain Registries

ICM Registry has issued a speedy response to ICANN’s .xxx approval options paper, calling it “unacceptable” and urging the ICANN board to put the issue to bed ASAP.

Late Friday, ICANN published a flowchart outlining the possible ways the board could handle .xxx in the light of February’s Independent Review Panel decision, which found ICANN acted unfairly when it rejected the TLD in 2007.

ICM president Stuart Lawley said in a letter to ICANN today that most of the paths through the flowcharts “are in many respects substantively and procedurally inconsistent with the IRP declaration”.

The company believes the IRP decision resets the approval process to prior to the 2007 decision, when the two parties were in contract talks for an already-approved TLD.

The letter claims that “it would be inappropriate, illegal and inconsistent with ICANN’s core values and model of self governance for ICANN to set up an evaluative process that is lacking in objectivity and that does not affirmatively give effect to the underlying IRP declaration”.

There are presumably few people involved with ICANN in any doubt that ICM intends to take its case to the ‘proper’ courts if needs be, which is probably why its powers-that-be have been unwilling to meet with the company.

As I reported Friday, the options paper creates the possibility of re-evaluating the .xxx application under the Draft Applicant Guidebook v4 for new gTLDs, which is not yet completed.

It also suggests that ICANN will have to ask its Governmental Advisory Committee for its current opinion on the application, a move likely to stretch out a decision for months.

It also has an option to expedite the approval based on the “sponsored” TLD process under which ICM, and others such as .post and .asia, originally applied.

ICM’s latest letter is here. ICANN’s options paper can be found here. The public comment period is open here. Unlike many ICANN comments periods, it has comments.

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ICANN may kick .xxx into new gTLD round

Kevin Murphy, March 27, 2010, Domain Registries

ICANN has chosen to deal with the controversial .xxx TLD application by leaving essentially all options, including urging it into the next gTLD round, wide open.

ICM Registry had pushed for a speedy resolution to its long-running application, following the Independent Review Panel decision that went in its favour last month, but it hasn’t got one.

In Nairobi, ICANN’s board asked ICANN’s staff to tell it what its options were for dealing with the ruling, and staff today responded with this flowchart. Oh, and this flowchart.

It seems that these options are still on the table: …continue reading

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