Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    Verisign/NSI Domain Registrants Not Third-Party Beneficiaries Of NSF-NSI Pact
    posted by DavidP on Friday September 21 2001, @05:57AM

    According to a story in the BNA E-Commerce Daily, the US District Court in New Jersey has ruled (in an unpublished opinion) that a domain name registrant is not "a third-party beneficiary" to the cooperative agreement between the National Science Foundation and Network Solutions Inc. under which NSI provided Internet registration services oin the pre-ICANN days.

    So what, you ask? What that means is that only the signatories to that cooperative agreement (i.e. the NSF) can enforce NSI's duties under the agreement, not private parties (even though those private parties may have been affected by a breach of those duties by NSI).

    Eric Dluhos, a graduate of the Lee Strasberg Theater Institute, registered the domain name leestrasberg.com with NSI on June 25, 1999. CMG Worldwide Inc. managed Internet sites for the estate of Lee Strasberg and the Lee Strasberg defendants. CM filed a UDRP complaint with the National Arbitration Forum, arguing that Dluhos's use of leestrasberg.com infringed their trademark in "Actor by Lee Strasberg." On Oct. 2, 1999, the NAF panel ruled against Dluhos and ordered him to transfer the domain name to CMG Worldwide.

    Dluhos filed suit, claiming, among other things, that the NSI-NSF Cooperative Agreement imposed a duty upon NSI to implement registration policies in a "fair and evenhanded manner," and that NSI had breached this duty by adopting a dispute resolution policy that "does not require a challenger to make even a colorable allegation of trademark infringement or other legal basis pursuant to which a court could order the domain name transferred."

    The court ruled that Dluhos had no standing to raise this claim because he was neither a party to the NSI-NSF contract nor a third-party beneficiary to that contract. The court held that Dluhos had to show that NSF and NSI intended that he, and the general public, directly benefit from the cooperative agreement in order for him to be considered a third party beneficiary, and that because the cooperative agreement did not show "a clear intent" to confer a benefit directly upon domain name registrants, Dluhos lacked standing to enforce the agreement

      ICANNWatch Login  


    [ Don't have an account yet? Please create one. It's not required, but as a registered user you can customize the site, post comments with your name, and accumulate reputation points ("karma") that will make your comments more visible. ]

      Related Links  
  • story in the BNA E-Commerce Daily
    This discussion has been archived. No new comments can be posted.
    Domain Registrants Not Third-Party Beneficiaries Of NSF-NSI Pact | Log in/Create an Account | Top | 3 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re: Domain Registrants Not Third-Party Beneficiari
    by PMaggs (p-maggs @ uiuc . edu) on Friday September 21 2001, @06:54AM (#2454)
    User #3061 Info
    A similar case decided last year is REGISTER.COM, INC. V. VERIO, INC., 126 F.Supp.2d 238 (2000). Register.com won by citing the following clause in its accreditation agreement with ICANN: "No Third-Party Beneficiaries. This Agreement shall not be construed to create any obligation by either ICANN or Registrar to any non-party to this agreement, including any SLD holder." Does anybody know if there are similar clauses in the agreements for the registrars in .biz and .info?
    [ Reply to This | Parent ]
  • 2 replies beneath your current threshold.

  • Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com