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Korean registrar suspended

Kevin Murphy, September 26, 2014, Domain Registrars

ICANN has suspended the accreditation of Korean registrar Dotname Korea over failures to comply with Whois accuracy rules.

The company was told this week that it will lose the ability to sell names for three months.

“No new registrations or inbound transfers will be accepted from 7 October 2014 through 5 January 2015,” ICANN compliance chief Maguy Serad told the company (pdf).

The suspension follows breach notices earlier in the year pertaining to Dotname’s failure to show that it was responding adequately to Whois inaccuracy complaints.

Other breaches of the Whois-related parts of the 2013 Registrar Accreditation Agreement were also alleged.

The company has until December 16 to show compliance of face the possibility of termination.

Cartier sues Nominet hoping to set global domain name take-down precedent

Kevin Murphy, January 22, 2014, Domain Policy

Luxury watchmaker Cartier has taken .uk registry Nominet to court, hoping to set a precedent that would enable big brands to have domain names taken down at a whim.

The company sued Nominet in a London court in October, seeking an injunction to force the registry to take down 12 domain names that at the time led to sites allegedly selling counterfeit watches.

We’ve only become aware of the case today after Nominet revealed it has filed its defense documents.

Judging by documents attached to Nominet’s court filings, Cartier sees the suit as a test case that could allow it to bring similar suits against other “less cooperative” registries elsewhere in the world.

In a letter submitted as evidence as part of Nominet’s defense, Richard Graham, head of digital IP at Cartier parent company Richemont International, said that he was:

seeking to develop a range of tools that can be deployed quickly and efficiently to prevent Internet users accessing websites that offer counterfeit goods… [and] looking to establish a precedent that can be used to persuade courts in other jurisdictions where the registries are less cooperative.

It’s worth noting that Richemont has applied for 13 dot-brands under ICANN’s new gTLD program and that Graham is often the face of the applications at conferences and such.

Pretty soon Richemont will also be a domain name registry. We seem to be looking at two prongs of its brand protection strategy here.

According to the company’s suit, the 12 domains in question all had bogus Whois information and were all being used to sell bogus Cartier goods.

None of them used a Cartier trademark in the domain — this is explicitly about the contents of web sites, not their domains names — and Cartier says most appeared to be registered to people in China.

Rather than submitting a Whois inaccuracy complaint with Nominet — which could have led to the domains being suspended for a breach of the terms of service — Cartier decided to sue instead.

Graham actually gave Nominet’s lawyers over a week’s notice that the lawsuit was incoming, writing his letter (pdf) on October 22 and filing the complaint (pdf) with the courts November 4.

Cartier seems to have grown frustrated playing whack-a-mole with bootleggers who cannot be traced and just pop up somewhere else whenever their latest web host is persuaded to cut them off.

Graham’s letter, which comes across almost apologetic in its cordiality when compared to the usual legal threat, reads:

Cartier therefore believes the most cost effective and efficient way to disrupt access to the Counterfeiting Websites operating in the UK is to seek relief from you, as the body operating the registry of .uk domain names.

Armed with the foreknowledge provided by the letter, Nominet reviewed the Whois records of the domains in question, found them lacking, and suspended the lot.

Ten were suspended before Cartier sued, according to Nominet. Another expired before the suit was filed and was re-registered by a third party. A fourth, allegedly registered to a German whose scanned identity card was submitted as evidence by Nominet, was suspended earlier this month.

As such, much of Nominet’s defense (pdf) relies upon what seems to be a new and obscure legal guideline, the “Practice Direction on Pre-Action Conduct”, that encourages people to settle their differences without resorting to the courts.

Nominet’s basically saying that there was no need for Cartier to sue, because it already has procedures in place to deal with counterfeiters using fake Whois data.

Also offered in the defense are the facts that suspending a domain does not remove a web site, that Nominet does not operate web sites, and the following:

Nominet is not at liberty under its Terms and Conditions of Domain Name Registration to suspend .uk domain names summarily upon mere receipt of a demand from someone unconnected with the domain name registrant.

That seems to me to be among the most important parts of the defense.

If Cartier were to win this case, it may well set a precedent giving registries (in the UK at least, at first) good reason to cower when they receive dodgy take-down orders from multibillion-dollar brands.

Indeed, that seems to be what Cartier is going for here.

Unfortunately, Nominet has a track record of at least accelerating the takedown of domains based on nothing more than third-party “suspicion”. Its defense actually admits this fact, stating:

Inaccurate identity and contact information generally leads to the suspension of a domain within three weeks. Where suspicions of criminality are formally confirmed by a recognised law enforcement agency, suspension may be very significantly expedited.

I wonder if this lawsuit would have happened had Nominet not been so accommodating to unilateral third-party take-down notices in the past.

In a statement to members today, a copy of which was sent to DI, Nominet encouraged internet users to report counterfeiting web sites to the police if and when they find them.

Rogue registrar suspended over “stolen” domain

Kevin Murphy, February 20, 2012, Domain Registrars

ICANN has told Turkish domain name registrar Alantron that its accreditation will be suspended for a month due to its shoddy record-keeping.

The suspension, which will become effective March 8, follows an investigation into allegations of double-selling.

ICANN issued the suspension last Thursday after trying unsuccessfully for almost three months to get its hands on Alantron’s registration records.

The company now has until March 28 to sort out its compliance problems or face losing its accreditation entirely.

I understand the investigation was prompted by complaints filed by an American named Roger Rainwater over the potentially valuable domain name pricewire.com.

Pricewire.com spent a couple of years under Whois privacy but was grabbed last August by Turkish registrant Altan Tanriverdi, according to historical Whois records.

Rainwater, who says he had been monitoring it for three or four years, subsequently paid Tanriverdi an undisclosed sum for the domain, signing up for an Alantron account so it could be pushed.

Rainwater showed up in the Whois for pricewire.com on September 7 last year. But he says he was unable to change his name servers and 48 hours later the name disappeared from his account.

He says he was told by Alantron that it had put the domain in Tanriverdi’s account “by mistake” and that it was sold to SnapNames as part of a batch of dropping domains.

According to emails sent to Rainwater, seen by DI, Alantron said that pricewire.com was “registered via a partner company called Directi for a company called Snapnames”.

SnapNames had already auctioned the name – apparently there were more than 40 bidders – and the name has since been transferred to one Sammy Katz of Philadelphia.

However, given that Whois reliability is at question here, it’s not entirely clear who owns it. It’s currently parked at InternetTraffic.com.

Tanriverdi, who appears to be equally aggrieved, has published an extensive history of the dispute, along with screenshots, here (in Turkish).

In short: Alantron stands accused of double-selling pricewire.com.

ICANN’s compliance team has been unable to get its hands on the underlying transaction data despite repeated attempts because Alantron apparently doesn’t have it.

Its suspension notice alleges that Alantron was running two registration systems in parallel and that they weren’t talking to each other, resulting in the same name being sold to two parties.

Read ICANN’s suspension notice in PDF format here.

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