After speaking at the recent TRAFFIC conference on standards and transparency I thought that I’d give a little time to collect my thoughts before I took up the banner once again. In the previous articles in this series I’ve endeavoured to define a process towards transparency and also what the standards should be for clicks, views etc.
MARINA DEL REY, Calif.: The Internet Corporation for Assigned Names and Numbers is about to launch the monthly Contractual Compliance Digest, a newsletter offering a snapshot of the wide variety of contractual compliance work ICANN does.
Ron Jackson’s The Lowdown has some exciting news! Show organizers for the TRAFFIC domain conference in Orlando, Florida on May 20-24, 2008 are giving away free hotel rooms for the first 25 newcomers. The offer expires at midnight tonight! For more information, click here! Source : DNJournal – With Ron Jackson’s Permission – March 14, 2008
In Ron Jackson’s newest post on The Lowdown, Internet Commerce Association Executive Director Michael Collins comments on the Snowe Bill:
Far exceeding expectations, the DotAsia Organisation recently announced it received a whopping 473,633 .ASIA domain name applications by the last day of its Landrush Period on March 12, 2008. An astounding 45,697 domains received more than one application during the Landrush Period, including BUY.asia with over 400 applicants clamoring for the clever name. Domains with multiple applications will go to auction so stay tuned to see how the action unfolds.
The South African Institute of Intellectual Property Law (SAIIPL) has decided its first Appeal in the matter of Telkom SA Ltd & TDS Directory Operations (Pty) Ltd v The Internet Corporation (ZA2007-0005) involving the domain names phonebook.co.za and whitepages.co.za.
Telkom (Complainant) is the owner of âTHE PHONE BOOK LOGOâ, which is used, under licence, for various telephone directories throughout South Africa. Telkom also claims ownership of the common law trade mark âTHE WHITE PAGESâ. After an unsuccessful complaint Telkom filed an Appeal under the recently launched ADR Regulations. The Appeal was dismissed, however the panel disagreed with the certain findings of the initial Adjudicator, the most notable being that of reverse domain name hijacking. The panel held that âLitigants and their legal advisers must be free to launch proceedings to protect rights - even if incorrectly perceived - without fear of castigation.â It is interesting to note that the trade mark relied upon contained the following disclaimer: "Registration of this trade mark shall give no right to the exclusive use of the word PHONE, or of the word FOONBOEK, or of the word BOOK, each separately and apart from the mark. The trade mark is shown in the English and Afrikaans versions, being two of the official languages, in which it is or will be used, the two versions represented having equivalent meanings. In practise, both versions of the trade mark will be used either separately or together, but when used together they will not necessarily be in close approximation one to the other." Telkom argued that the initial Adjudicator erred in interpreting the disclaimer in that it merely limited its rights in respect of the word Phone on its own and the word Book on its own but not the combination of the two words. This absurd claim led to the panel citing numerous cases dealing with generic / descriptive marks, the most concise being Dunlop Rubber Co. Application (1942) 59 RPC 134 at 157: âSome words are so apt for normal description that no trade mark use and momentary distinctiveness can justify a permanent monopoly.â Read the full decision at http://www.domaindisputes.co.za/downloads/decisions/APZA2007-0005.pdf. Source: Daniel Greenberg writing for DomainNews.com - March 14th, 2008 | ||
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