.XXX becomes a reality

June 25, 2010

By J. DeVoy

After six years of teasing, ICANN finally delivers on a .xxx top-level domain for sites displaying adult content.

The domains, which will be available by 2011, already have 110,000 pre-registrations through ICM Registry.


Marc Randazza’s Arbitration Win Over Glenn Beck

November 6, 2009

Free Speech Wins Again.

The Decision is available here:
Glenn Beck v. Isaac Eiland Hall, WIPO Case No. D2009-1182

Other case documents available here:

Complaint
Request for Stipulation
Response and annexes.
Supplemental Filing
Surreply

I am delighted that I got this decision today, which is the birthday of my friend and mentor, Larry Walters. Larry, this win is hereby dedicated to you. Happy Birthday.

UPDATE: Respondent Isaac Eiland-Hall voluntarily gives Beck the domain, saying “point made, sir.”

Another Update: The Brown Tweed Society does a three part story on the case. In this discussion, the author really gets to the heart of the matter and provides strong analysis of the case and its pleadings. Heck, the BTS also criticizes some of my work, so it does not seem at all biased.

    Part 1

    Part 2

    Part 3

The domain business is full of sleazes? O RLY?

November 5, 2009

I am shocked… SHOCKED to hear that in domain name auctions, “SnapNames admitted that one of its executives was shill bidding…”

The article accurately states:

Anyone who doesn’t know how dirty the domain name business is just doesn’t know the domain name business.
(source)


Cybersquatter gets his Comeuppance

October 15, 2009
Ah pity da fool who thinks he be judgment proof!  I got ya judgment proof right here, foo!!!!!

Ah pity da fool who thinks he be judgment proof! I got ya judgment proof right here, foo!!!!!

Cybersquatters often either hide offshore, or they claim to be offshore, or they claim that they don’t have any money — ergo they are “judgment proof.”

Well, Marc Trachtenberg, the domain law equivalent of Mr. T, just kicked a cybersquatters’s ass. The squatter decided that he would rather not pay the $120,00 judgment. Since he believed that he was outside the reach of the U.S. courts, he just ignored it. Trachtenberg loaded up the van and brought a plan together — he foreclosed on the cybersquatter’s domain name portfolio.

Judgment Debtor Luis Zavala (“Zavala”) and any and each of his agents, servants, employees, registrars, registry, and attorneys, and those persons enabling or in active concert or participation with Zavala shall transfer to Bosh his domain name holdings, including but not limited to those holdings identified in Exhibit F of the Declaration of Marc Trachtenberg in Support of the Application. This order includes the operator of the “.com” top-level domain, Verisign, Inc., which is hereby ordered to immediately disable Zavala’s domain name holdings by changing the nameserver entries to nameserver entries designated by Bosh and transfer Zavala’s domain name holdings to Bosh’s registrar of choice. (source)

This is good news. If a cybersquatter is stealing from your business, you should have some recourse to collect a judgment. Now, Mr. T can auction off the domains (at least those that don’t infringe on anyone else’s trademark), and Mr. Zavala just lost his pay per click income from 800 domain names.


Glenn Beck’s WIPO Complaint

September 28, 2009

wipo logoA very interesting case that Marc is handling.

He filed this Response (don’t forget the annexes) to Glenn Beck’s Complaint (exhibits included) yesterday.

UPDATE: He has requested that Mr. Beck stipulate to the First Amendment applying to these proceedings. I will update you when Beck responds.

ANOTHER UPDATE — ROUND TWO:

Glenn Beck filed a supplemental filing.
The Arbitrator accepted it and asked for a surreply.
The surreply — (and the exhibits to it)

Marc asked that LS’s editors/writers publish no further commentary on the case until a decision is rendered. However, there is commentary and analysis here.

He has further asked that any comments to this post should be respectful to both Mr. Beck and his attorneys.


Online UDRP

September 8, 2009

I finally took a stab at filing a UDRP proceeding with the Czech Arbitration Court (my previous go-to was WIPO, and I’d never use NAF). What attracted me? Online filing! It is about time that someone recognizes that UDRP proceedings are a 21st century phenomenon, and perhaps they should be handled as such. Accordingly, imagine my joy when I found that the CAC takes its filings electronically!

Oh, but you still have to send four copies of the complaint via courier.

Well, so much for my delight.

It still seems a little easier. There is an online case management platform. I will continue to post reviews of the process.


Success is like a Girlfriend…

September 7, 2009

“Success is like a beautiful girlfriend: if you share her, she becomes a slut.” (source)

An interesting quote from an interesting guy…