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)

    Lawsuits and Judicial Decisions Country-Code Top Level Domains (ccTLDs)
    UDRS - Unfair Dispute Resolution Service
    posted by michael on Tuesday June 21 2005, @01:14PM

    Simeon writes "The fairness of Nominet's confiscation of itunes.co.uk is now being challenged in the English High Court in CyberBritain Group Limited v Nominet UK Limited

    As illustrated by the itunes.co.uk case, once the respondent has submitted their response to the complaint, the complainant is permitted to submit additional material, but the respondent is however not allowed to respond to this. Fair? With Nominet's DRS domain resolution policy it is not even necessary for the complainant to have a registered trademark and it doesn't seem to matter if complainant's first use of their claimed mark post-dates the registration of the domain name.

    Nominet even have the arrogance to acclaim to how they have refined their wonderful policy: See "Feedback from Nominet UK--Lesley Cowley".

    Maybe UK Nominet wants the whole world to adopt their brand of fairness."

      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  
    · Nominet, the .uk registry
    · ICANN
    · being challenged
    · CyberBritain Group Limited v Nominet UK Limited
    · "Feedback from Nominet UK--Lesley Cowley"
    · More Lawsuits and Judicial Decisions stories
    · Also by michael
    This discussion has been archived. No new comments can be posted.
    UDRS - Unfair Dispute Resolution Service | Log in/Create an Account | Top | 31 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.
    nominate nominet for nominuttiness
    by fnord (reversethis-{moc.oohay} {ta} {k2yorg}) on Tuesday June 21 2005, @02:42PM (#15650)
    User #2810 Info
    The Nominet ICANN comment direct link is here [icann.org]. There have been similarily boneheaded ICANN UDRP decisions so they probably don't need Nominet to give them lessons. One hopes the court will show an ounce of sense and reverse this, but that might be dependent on Nominet's clickwrap agreement. Abandon hope all ye who enter here.

    Hmmm, on further reading [timesonline.co.uk] the domain was registered just days after Apple applied for a trademark. On still further reading [uspto.gov], it isn't mentioned if that is a US or UK trademark, but the US trademark was applied for in 2001, almost a year after the domain was reportedly registered in 2000. The claimed first use was also in 2001. Perhaps someone can explain the Priority Date October 24, 2000 in Tess. Right now itunes.co.uk doesn't resolve. www.itunes.co.uk takes one to www.apple.com/uk/itunes/ [apple.com] Mebbe start an Apple boycott, particularily now that they're gonna go with Intel inside. How is think domain hijacking for a slogan? -g

    [ Reply to This | Parent ]
    IP cuts both ways
    by fnord (reversethis-{moc.oohay} {ta} {k2yorg}) on Wednesday June 22 2005, @07:19AM (#15661)
    User #2810 Info
    Apple is now [appleinsider.com] being sued for its iTunes software allegedly infringing on an existing patent. -g
    [ Reply to This | Parent ]
  • 8 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