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Red Bull wins court case but loses UDRP

Kevin Murphy, June 8, 2010, Domain Policy

Energy drink maker Red Bull has somehow managed to lose a UDRP complaint over the domain name taurusrubens.com, despite having already won a lawsuit against its current registrant.

“Taurus Rubens” was the name of an air show slash performance art piece sponsored by Red Bull, performed at Salzburg airport in August 2003. There’s a clip here on YouTube.

The day before the show, an Austrian man named Reinhard Birnhuber registered taurusrubens.com and rubenstaurus.com and parked them with his ISP.

Two years later, when Red Bull got wise to the registrations, it offered Birnhuber €500 for them. He countered with a demand for a whopping €1 million.

That was in March 2005. One month later, Red Bull secured an Austrian trademark on the term “Taurus Rubens”. It then filed a UDRP complaint with WIPO.

Judging from that WIPO decision, it’s pretty clear that Birnhuber’s registrations were not entirely innocent.

Not only did he ask a ludicrous price for the domains, he also admitted to knowing about the air show when he registered them, he already owned redbullbag.com, and he gave a bunch of reasons about his plans for developing the domains that WIPO didn’t buy.

Nevertheless, because Red Bull had acquired its trademark rights years after the registrations, apparently just so it had standing under the UDRP rules, WIPO dismissed the complaint.

So Red Bull sued in an Austrian commercial court instead, and won.

Birnhuber appealed, and lost.

The court ruled that he had registered the domains in bad faith and that he should turn them over to Red Bull.

But he has apparently so far refused to do so. So Red Bull this year filed a second UDRP complaint with WIPO, asking for the domains to be transferred to it.

And, bizarrely, Red Bull lost.

WIPO this week denied the company’s complaint on the grounds that the the Austrian court’s ruling is irrelevant under UDRP rules, and that the 2005 WIPO decision should stand.

Here’s a Google translation of the relevant bits:

The panel can see in the above circumstances, no new facts or actions that would warrant a new assessment of the case. In this respect, the complainant fails to recognize that not only “new actions” to the resumption of proceedings are necessary, but this also has to be relevant.

The correct legal result is more than the enforcement of that ruling in Austria, especially as the present legal request (transfer of the domain name) covers with the sentencing order of the Austrian court. Since both parties are domiciled in Austria, is likely a priori, no specific enforcement problems arise. WIPO panels can so far do not replace the state authorities.

So, does Birnhuber get his €1 million? I doubt it. But right now he still owns taurusrubens.com.

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US government requests root DNSSEC go-ahead

Kevin Murphy, June 7, 2010, Domain Tech

The National Telecommunications and Information Administration, part of the US Department of Commerce, has formally announced its intent to allow the domain name system’s root servers to be digitally signed with DNSSEC.

Largely, I expect, a formality, a public comment period has been opened (pdf) that will run for two weeks, concluding on the first day of ICANN’s Brussels meeting.

NTIA said:

NTIA and NIST have reviewed the testing and evaluation report and conclude that DNSSEC is ready for the final stages of deployment at the authoritative root zone.

DNSSEC is a standard for signing DNS traffic using cryptographic keys, making it much more difficult to spoof domain names.

ICANN is expected to get the next stage of DNSSEC deployment underway next week, when it generates the first set of keys during a six-hour “ceremony” at a secure facility in Culpeper, Virginia.

The signed, validatable root zone is expected to go live July 15.

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Charity e.co auction kicks off with $10k bid

Kevin Murphy, June 7, 2010, Domain Sales

The four-day auction of the domain name e.co started less than an hour ago at Sedo, and it has already attracted a five-figure bid.

.CO Internet, the Colombian firm behind the newly liberalized .co ccTLD namespace, is using the auction to plug its upcoming landrush, which kicks off June 20.

Juan Diego Calle, CEO of the registry, previously said e.co is “perhaps the shortest, most memorable digital brand in the world”.

Proceeds from the sale will be donated to the charity of the winning bidder’s choosing.

Due to the high-profile nature of the auction, wannabe bidders have to fill out an application form before posting their bids.

The bidding will conclude during a live event at the Internet Week show in New York this Thursday.

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Nominet appoints Baroness to chair

Nominet, the .uk registry manager, has hired Irene Fritchie, aka Baroness Fritchie, to be its new chair.

No, I’d never heard of her either, but apparently Fritchie is a life peer and a dame, with a seat in the House of Lords since 2005.

Her geek credentials appear to comprise her chairmanship, until last year, of the Web Science Research Initiative, a joint initiative between the University of Southampton and MIT.

So she’s on speaking terms with Tim Berners-Lee, it seems.

Fritchie replaces Bob Gilbert, who quit in March after guiding the organization through a tricky period.

A cynic would say that it’s fortuitous that Nominet now has a member of the UK legislature fighting its corner, given that the recently passed Digital Economy Act originated and was primarily written in the Lords.

The Act created powers for the British government to take over .uk if Nominet screws up by letting domainers commandeer its board.

Fritchie is a cross-bencher, meaning she is beholden to no one political party.

Nominet also said that it has appointed Piers White MBE as a non-executive director. White has a background in banking and currently sits on the board of Ordnance Survey.

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Council of Europe wants ICANN role

Kevin Murphy, June 7, 2010, Domain Policy

The Council of Europe has decided it wants to play a more hands-on role in ICANN, voting recently to try to get itself an observer’s seat on the Governmental Advisory Committee.

The Council, which comprises ministers from 47 member states, said it “could encourage due consideration of fundamental rights and freedoms in ICANN policy-making processes”.

ICANN’s ostensibly technical mission may at first seem a bit narrow for considerations as lofty as human rights, until you consider areas where it has arguably failed in the past, such as freedom of expression (its clumsy rejection of .xxx) and privacy (currently one-sided Whois policies).

The Council voted to encourage its members to take a more active role in the GAC, and to “make arrangements” for itself to sit as an observer on its meetings.

It also voted to explore ways to help with the creation of a permanent GAC secretariat to replace the current ad hoc provisions.

The resolution was passed in late May and first reported today by IP Watch.

The Council of Europe is a separate entity to the European Union, comprising more countries. Its biggest achievement was the creation of the European Court of Human Rights.

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