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RapidShare has no rights to “rapid”, says WIPO

Kevin Murphy, July 14, 2010, Domain Policy

RapidShare, the file-sharing service that recently embarked upon a spree of UDRP filings against domain name registrants, has lost its first such case.

A WIPO panelist denied the company’s claim on RapidBay.net, saying it had “not proved that they have any trademark or service mark rights in the expression ‘rapid bay’, or in the word ‘rapid'”.

RapidShare therefore failed to prove that “RapidBay” was identical or confusingly similar to its RapidShare trademark, and the complaint was thrown out.

The decision does not bode well for the company’s ongoing UDRP claims over rapid4me.com, rapidownload.net, rapidpiracy.com and rapid.org, among others.

Rapid.org’s registration, in particular, would appear to be safe, if the panelist in that case follows the same line of reasoning.

That will no doubt please the many people visiting my previous post recently, apparently looking for an explanation of why Rapid.org, a forum for sharing mainly copyrighted works, recently started bouncing to Bolt.org.

RapidShare has in recent months filed a couple dozen UDRP complaints against people who have registered “rapid” domains and are using them to help people find pirated material on the service.

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ICANN un-terminates domain name registrar

In what I believe is an unprecedented move, ICANN has renewed a domain name registrar’s accreditation having already sent it a public notice of non-renewal.

A Technology Company, aka ATECH, was told last month that its accreditation would expire July 12 because it had failed to pay over $5,600 in ICANN fees.

That letter (pdf) suggested that ATECH had been in breach since before April 2009.

On all previous occasions, whenever ICANN has posted a notice of termination or non-renewal on its site, it’s game over for that registrar.

Today, a brief note on ICANN’s web site says simply:

A Technology Company, Inc. cured all outstanding contract breaches as of 30 June 2010. A Technology Company, Inc.’s accreditation was renewed on 13 July 2010.

As I’ve previously noted, ATECH and .xxx registry hopeful ICM Registry share a common founder, although the two companies are no longer affiliated.

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.CO sunrise sees gaming attempts

.CO Internet has published a list of over 1,500 domains that were rejected during its two-month-long trademark-protection sunrise period for the .co namespace.

While the document does not break down the reasons why each name was rejected, it appears to list some attempts to game the system by registering non-existent trademarks or trademarks belonging to other entities.

It’s a 48-page document, compiled by Deloitte, but the range of rejected domains can be illustrated without leaving the C’s.

Names that were applied for and rejected despite being household names include the likes of circuitcity.co, compusa.co, comet.co and currys.co, all electronics retailers, and chevrolet.co.

Since these are names for which trademarks certainly do exist, I’m drawing the conclusion that the sunrise applicant was not the owner of the trademark.

There were also attempts to register personal names, such as christopher.co and courtney.co, as well as geographical terms, such as coventry.co, cleveland.co and chennai.co.

One wildly optimistic applicant even took a chance on colombia.co.

Some applicants went after the .co variants of popular .com web sites, such as chucknorrisfacts.co and collegehumor.co.

In terms of generic terms, applications were rejected for the likes of coffeehouse.co and countrymusic.co.

All of these names, and 1,500 more from the list, will be released back into the landrush period, in which anybody can attempt to register them, a few hours from now.

The recently extended landrush period ends this Friday. General availability begins next week.

Hat tip to Key-Systems, which released the list earlier today.

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ICANN to stream DNSSEC ceremony live

Kevin Murphy, July 10, 2010, Domain Tech

ICANN is to webcast the second of its root server DNSSEC key generation ceremonies, this coming Monday.

You’ll be able to find the stream here, from 2000 UTC, according to a message ICANN’s DNS director Joe Abley just sent to the DNS-Ops mailing list.

The ceremony, which will likely take several hours, takes place in El Segundo, California.

In it, staff will create the Key Signing Key used in cryptographically signing the very root of the DNS according to the DNSSEC standard.

The first such ceremony took place last month at a facility in Virginia. While it was recorded, as well as witnessed by several well-known security experts, it was not streamed live.

The full transition to a validatable DNSSEC-signed root is still scheduled for next Thursday, July 15.

Abley’s update is likely to be available here shortly.

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VeriSign antitrust claims will be heard in court

VeriSign has suffered another legal setback in its antitrust court battle with the Coalition For ICANN Transparency, after an appeals court ruled that CFIT has a case to be heard.

CFIT reckons VeriSign’s deal with ICANN to run the .com registry, which has a presumptive right of renewal and allows annual price increases, breaks US competition law.

Its complaint had been thrown out of court, but was restored on appeal last year. Today, VeriSign’s request for a rehearing was rejected, meaning the case is cleared for trial.

CFIT counsel Bret Fausett tweeted this evening that it will head either back to the District Court, or to the Supreme Court.

The news couldn’t come at a worse time for VeriSign.

The company has spent the last couple of years getting out of most of its non-domain markets, epitomized by the recent sale of its SSL unit to Symantec, so it is ultra-exposed to risk and uncertainty in its highly lucrative .com business.

For that reason, I doubt this case will ever see trial. We’re looking at a settlement, most likely. VeriSign’s probably going to have to break out the check-book.

CFIT is basically a front operation for Momentous.ca, owner of aftermarket player Pool.com.

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