Confusing Similarity Under ICANN's Uniform Dispute Resolution Policy ICANN's UDRP has allowed a fast and efficient system of domain name dispute resolution, the most common ground for complaint and transfer being that the domain name in question is confusingly similar to a registered or common law trademark of the Complainant. Unfortunately, UDRP Panellists have not been sufficiently rigorous in their consideration of confusing similarity and the non-distinctiveness of domain names to justify many such conclusions. Furthermore, in seeking to avoid trans-jurisdictional conflicts of law, their application of confusingly similarity may be conveniently general, but it results in outcomes which would be unacceptable to many common law jurisdictions. http://elj.warwick.ac.uk/jilt/02-2/mcmahon.html domain action "too little too late" The Office of Fair Trading in the UK has reported that it has obtained undertakings from a domain name retailer that effectively stops it from making misleading claims in its advertising. While the official release hails this apparent success, the case seems to have more than meets the eye. http://www.demys.net/news/02_aug_30_oft.htm Misleading Domain Name Ads Stopped In the first case of its kind the OFT has stopped two companies from publishing misleading advertisements for website domain names that are difficult to view on the world wide web. The OFT worked alongside the US Federal Trade Commission on this case. http://213.38.88.251/coi/coipress.nsf/7e4cd219f1e58adf802565250034fa39/c81460eae64403ce80256c240039ba17?OpenDocument http://www.net4nowt.com/newspro/latest.shtml#newsitem1030673222,22071, http://www.theregister.co.uk/content/6/26882.html auDA New Names Advisory Panel The New Names Advisory Panel was appointed by the auDA Board in June 2002 to evaluate proposals for new second level domains (2LDs) in the .au domain, including: http://www.auda.org.au/policy/panel-newname-2002/ ICANN General Counsel's Second Analysis of VGRS's Request for Amendment to Registry Agreement http://www.icann.org/minutes/report-vgrs-wls-22aug02.htm Name grabbers working domain scam Internet name holders are being warned to watch out for a scam which could see them unsuspectingly switch their domain name registrar. http://www.nzherald.co.nz/storydisplay.cfm?storyID=2351323&thesection=technology&thesubsection=general Opposition to .bank.nz Opposition has been swift and almost universal to the Bankers Association's attempt to have the .bank.nz domain name re-considered following the success of .maori.nz. http://www.idg.co.nz/webhome.nsf/UNID/A743B17ECF565ADCCC256C220018999C!opendocument InternetNZ to review second level domains this year InternetNZ, the controller of the .nz name space, is to assess whether a second level domain name (2LD) for .nz is needed. http://www.idg.co.nz/webhome.nsf/UNID/1D26FF6C5AD17673CC256C2300100382!opendocument Spurned bidders slam ICANN .org redelegation Ten organizations that were overlooked in an evaluation to decide the next manager of the $15m-a-year .org internet domain on Friday criticized the selection process, calling it inconsistent, opaque and unfair, Kevin Murphy writes. One bidder even hinted at a legal challenge the process, which was orchestrated by the Internet Corp for Assigned Names and Numbers. http://www.theregister.co.uk/content/6/26898.html From http://www.udrplaw.net NAF Panel Issues Alt-TLD Decision, Condemns Reverse Cybersquatting Aug. 29, 2002 Yesterday, the National Arbitration Forum released the first decision involving a non-ICANN approved domain name. The case, brought under the "Model Dispute Resolution Policy," involved the name Sex.shop. http://www.arbforum.com/domains/decisions/114371.htm Harrods Limited, Plaintiff-Appellant, v. Sixty Internet Domain Names; Published - United States Court Of Appeals For The Fourth Circuit http://laws.lp.findlaw.com/4th/002414p.html Porsche Cars North America, Incorporated; Dr. Ing. H.C.F. Porsche AG, Plaintiffs-Appellants, v. PORSCHE.NET; PORSCHECLUB.NET; PORSCHELOANS.COM... Published United States Court Of Appeals For The Fourth Circuit http://laws.lp.findlaw.com/4th/012028p.html ++++++++++++++++++++++++++++++ The web page for subscribers, or to subscribe, to the internet news mailing list is: http://greta.electric.gen.nz/mailman/listinfo/internet-news or see http://www.alfa-redi.org/noticia for the web version http://mobile.yahoo.com.au - Yahoo! Messenger for SMS - Now send & receive IMs on your mobile via SMSReceived on Fri Oct 03 2003 - 00:00:00 UTC
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