Displaying posts under "Policy & Law"
Develi Restaurant chain guilty of abusing UDRP.
A restaurant in Turkey has been found guilty of reverse domain name hijacking over the domain name develi.com.
The complainant runs a restaurant chain called Develi and uses the domain name DeveliKebap.com.
A key problem for the complainant was that Develi is also the name of a city in Turkey. Although the complainant has trademarks including “Develi”, these are figurative marks as part of a drawing.
In fact, when the complainant tried to trademark a Develi logo in the United States, it specifically disclaimed the exclusive right to use “Develi”.
In finding the complainant guilty of reverse domain name hijacking, the panel wrote:
The Panel is troubled by the Complainant’s inability to provide suitable evidence to support its assertions of the extent to which it is well-known, in terms of its case that the Respondent was more likely than not to have been targeting it. More importantly, however, the Panel is concerned by the Complainant’s critical failure to address either in the Complaint or in its supplemental filing the fact that the name “Develi” holds a non-trademark meaning arising from the eponymous city. Instead, the Complainant attempts to rely upon bare averments that it is well-known, vague assertions as to the reach and extent of its restaurant chain with no supporting evidence and an unfounded submission that the Respondent is Turkish.
Organization is considering its options due to possible travel restrictions.
ICANN today responded to rumors about postponing next February’s meeting in Morocco by saying it has not yet made a decision. However, it confirmed that it is considering a postponement related to the Ebola outbreak.
While Morocco itself is not at the center of the outbreak in Western Africa, host officials are concerned that future travel restrictions might limit the ability for people to attend the meeting from other African countries.
This is not the first time ICANN has had to make a tough decision about whether to go forward with a meeting. In 2010, there were calls to relocate a meeting in Nairobi, Kenya due to security concerns. ICANN went ahead with the meeting, but a number of would-be participants attended remotely or in a satellite location in the United States.
I’m not aware of anyone who attended that meeting who was affected by violence.
ICANN had previously relocated another meeting scheduled for Kenya due to unrest.
Suit alleges 35 domain names were stolen from a GoDaddy account.
Acme Billing Company filed a federal lawsuit (pdf) in U.S. District Court this week to recover 14 stolen domain names, including 9 three letter domain names.
The suit alleges that an unknown person stole 35 domain names from Acme Billing Company’s GoDaddy account. The company became aware of the theft in early August and worked with GoDaddy to recover 21 of the domain names. It filed the suit in an effort to recover the other 14. Click here to continue reading…
Many responses to .gay community application decision are oversimplifying what happened…and getting it wrong.
In headlines and tweets, it’s pretty easy to knock ICANN for a recent decision not granting .gay applicant dotgay llc community status for the domain name.
Company behind government-mandated free annual credit report site demands control of 227 typos.
Central Source, a company created by the three major U.S. consumer credit bureaus, has filed an in rem lawsuit against 227 typos of its AnnualCreditReport.com domain name.
This is the sixth cybersquatting lawsuit the company has filed this year to crack down on people typosquatting its domain name.
A test of the domain names shows that most use Moniker forwarding to land on a parked page at AAnnualReport.com. That domain has a disclaimer on it saying it’s not affiliated with the US-government mandated site that provides a free annual credit report: Click here to continue reading…