Blog

23
Jun

Surge in RDNH cases a legacy of the theory of Retroactive Bad Faith

What do these Uniform Domain-Name Dispute-Resolution Policy (UDRP) filings have in common? — Dreamlines GmbH, a German cruise promoter, files a UDRP dispute on dreamlines.com, a domain registered 10 years before that company was formed. They do not allege any infringing use. Cognate Nutritionals, Inc., a Connecticut beverage company, which sells a coconut oil brain…

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21
Jun

UDRP: Better Late than Never – ICA Applauds WIPO for Removing Misguided ‘Retroactive Bad Faith’

The Internet Commerce Association (ICA), a non-profit trade group representing the domain industry, applauds the World Intellectual Property Organization (WIPO) for removing misleading guidance from the newly released updated version 3.0 of its Overview of WIPO Panel Views on Selected UDRP Questions that in the previous version had granted undeserved legitimacy to a misconstruction of…

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19
Jun

The Rise and Fall of the UDRP Theory of ‘Retroactive Bad Faith’

Since its establishment in 1999, the Uniform Domain Name Dispute Resolution Policy has required complainants to prove inter alia, “bad faith registration”. In practice, this has meant that where a domain name was registered before a trademark came into existence, that “bad faith registration” would be considered chronologically impossible.

30
Apr

URS is MIA in .Net Renewal RA

The Proposed Renewal of the .Net Registry Agreement (RA) was published for public comment by ICANN on April 20th. The biggest surprise about the proposed contract is how little it differs from the current one between ICANN and Verisign. Conspicuously absent from the agreement is the new gTLD rights protection mechanism (RPM) of Uniform Rapid…

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19
Apr

ICA Member Profile: Edward Zeiden

Edward Zeiden is a business strategist and entrepreneur specializing in brick and mortar companies, start-ups, and the domain industry. After co-founding the startup, NameLayer (subsequently acquired by Techstars), he pursued a career in management consulting and web design. He currently coordinates daily operations and fosters strategic partnerships at NamePros as Managing Director. He’s an avid…

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11
Apr

ICA Supports ICANN Transparency Improvements

ICA fully supported the insistence of ICANN’s community that the IANA Transition had to be accompanied by substantial improvements in ICANN Accountability. Some of those improvements were deemed to be necessary preconditions to the Transition. They included substantial revisions of ICANN’s Bylaws to reflect new community powers, such as the ability to veto budgets or…

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10
Mar

A Complaint about ICANN’s New Complaints Office

ICA has long been on record that it was an inappropriate usurpation of the GNSO’s policymaking role for ICANN Global Domain Division (GDD) staff to be urging legacy gTLD registry operators to adopt Uniform Rapid Suspension (URS) in the course of renewal negotiations for their registry agreements (RAs). That’s because the URS was adopted as…

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7
Mar

ICA Supports Retention of Court Access for Registrants in IGO UDRPs

ICA has just filed its comment letter supporting all five recommendations contained in the GNSO Initial Report on the IGO-INGO Access to Curative Rights Protection Mechanisms Policy Development Process. ICA Counsel Philip Corwin is Co-Chair of the Working Group (WG) that prepared this Report, issued after two years of extensive research into the underlying legal…

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25
Feb

ICA Concerns Heard — Copyright UDRP on Indefinite Hold

Executive Summary: The Copyright UDRP proposal unveiled two weeks ago in the Domain Name Association’s Healthy Domains Initiative has been placed on indefinite hold and is unlikely to be revived as a DNA initiative. Public Interest Registry announced on February 23rd that it was pausing its development of the plan and will not revive it…

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10
Feb

ICA DEEPLY CONCERNED WITH  PROPOSAL TO ENABLE  DOMAIN TRANSFERS BASED UPON COPYRIGHT CLAIMS

On Wednesday, our fellow trade association, the Domain Name Association (DNA), announced the rollout of its “Healthy Domains Initiative” (HDI).  The ICA joins the DNA in seeking solutions for stopping online abuse.  However, the ICA is particularly concerned  about its proposed remedy to combat online copyright infringement. The HDI proposes to establish a “Copyright ADRP”…

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