Responsible and Prudent UDRP Panels Decline to Draw Conclusions in the Absence of Clear and Sufficient Evidence

Zak Muscovitch Domain Law, Law & Policy, UDRP, WIPO

In the recent case concerning Chatroulette.org , the Panel demonstrated the responsible and prudent approach in evaluating evidence in the UDRP. The Panel stated as follows: “The Panel takes the view that the Respondent’s denial of knowledge of the existence of the Complainant and his trade mark at that date is credible enough to require more from the Complainant to …

ICA Files ICANN Comment on Proposed .Museum RA Renewal

Philip Corwin ICA, ICANN, Law & Policy, URS

On October 3, 2017 the ICA filed a comment letter with ICANN regarding the proposed revisions to the renewal Registry Agreement (RA) for the .Museum gTLD. As with other legacy gTLDs that have renewed over the past two years, the new RA proposes to adopt Uniform Rapid Suspension (URS). ICA once again protests this de facto creation of Consensus Policy …

ICA Requests that NAFTA Renegotiation Address Protectionist .CA “Presence Requirements”

Philip Corwin Law & Policy, NAFTA

On September 11, 2017 the ICA sent a letter to U.S. Trade Representative Robert Lighthizer requesting that the ongoing renegotiation of the North America Free Trade Agreement (NAFTA) address protectionist restrictions so that U.S. entities and organizations wishing to register a .CA domain face no greater requirements than their Canadian counterparts face in registering a .US domain. As noted in …

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

admin Domain Law, Law & Policy, UDRP

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 supplement under the brand “Fuel …

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

admin Domain Law, Law & Policy, UDRP, WIPO

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 the UDRP commonly known as …

.Com RA Extension on ICANN Board’s 9/15 Agenda

Philip Corwin ICA, ICANN, Law & Policy, NTIA, URS

  The “.COM Registry Agreement Amendment” is on the Main Agenda for this Thursday’s Regular Meeting of the ICANN Board. The proposed extension of the RA was announced and put out for public comment on June 30th. The public comment period closed on August 12th and ICANN staff’s Report of Public Comments was due on September 15th, coincident with the …

DOJ to Cruz: .Com Price Freeze can be Extended to 2024

Philip Corwin Congress, ICANN, Law & Policy, NTIA

On August 31st the Department of Justice (DOJ) sent a response to the August 12th letter from Senator Ted Cruz and some Congressional colleagues to the head of the Antitrust Division. In that letter Cruz et al asserted that if the pending extension of the .Com registry Agreement (RA) was granted in combination with the consummation of the IANA transition, …

U. S. Government Blasts China’s Draft Domain Regulations

Philip Corwin ICANN, Law & Policy, NTIA

In an unexpected move, the two top U.S. officials charged with the Obama Administration’s Internet policy have issued a joint statement severely criticizing draft Chinese domain policies. On May 16th, the State Department’s  Ambassador Daniel A. Sepulveda and NTIA’s Assistant Secretary for Communications and Information Lawrence E. Strickling issued an official statement titled “China’s Internet Domain Name Measures and the …