http://domainnamewire.com/2009/11/20/project-me-domain-dispute-sets-dangerous-precedent/

...

In his November 13 article, Andrew Allemann reported a WIPO decision denying transfer of Project.Me (project.me GmbH v. Lin, Case No. DME2009-0008 (WIPO Nov. 11, 2009)). This article picks up where he left off.



In Lin, an Iphone app developer who owns a German trademark registration for PROJECT ME brought a WIPO domain dispute proceeding against a domainer who registered Project.Me during the .Me landrush. The case was decided by a three-member WIPO Panel. In analyzing the first prong of the ICANN Policy governing domain disputes – whether the trademarked name and the disputed domain name are identical or confusingly similar – the Panel departed radically from well-established procedure in its decision. It compared the trademarked name with the entire domain name, including the ccTLD. Indeed, the Panel’s rationale for this radical approach was based on .Me’s own sales literature, which encouraged users to capitalize on the .Me extension with “catchy” domain names like Contact.Me, Drive.Me or Fly.Me. This rogue UDRP Panel actually went outside of the submitted written papers in analyzing the first prong of the ICANN Policy but then again there is nothing in the ICANN Policy prohibiting them from doing so. The WIPO panel qualified its new approach by stating that it could not “ignore the commercial reality that, in the .me domain name space, the ccTLD identifier is likely to be a key part of a domain name” and that “in appropriate cases [a decision may] be based on a consideration of the domain name as a whole – that is, of the domain name including the ‘.me’ suffix.” What the Panel meant by “appropriate cases” is a very broad term subject to an individual Panelist’s interpretation and is of great concern here.



In addition, what is so disturbing about this decision is that the Panel took the completely opposite approach of how previous UDRP panels analyze the identical/confusingly similar element in a domain dispute. Even US trademark law does not consider the TLD and/or ccTLD as capable of functioning as a trademark and UDRP Panels should not either. When considering whether a trade name is capable of functioning as a trademark US trademark law looks to the “left” of the dot.



So what does this all mean for the domainer? We all know that Domain investors spend their hard earned money on domain names and some hire trademark lawyers to perform trademark searches before buying domain names to make sure they are not going to be faced with paying their lawyer more money to defend domain disputes or trademark infringement lawsuits. The WIPO Panel in the Project.Me case has now made things much more complicated.


This decision could open the floodgates to future UDRP panels and opportunistic trademark holders and their lawyers using the same analysis against the domainer to prove a domain name is identical or confusingly similar. Will it now be easier for a trademark holder to win a domain dispute because a domainer registered, for example, Insure.Me? I can think of numerous instances where one could find the trademarked name and the domain name to appear to be identical by including the TLD or ccTLD in the analysis. The lesson to be learned here is that after the Project.Me decision, it would be most wise before considering investing money into the next great domain to consider the meaning of it by including its TLD or ccTLD extension. I know that after reading the WIPO decision my trademark clearance search analysis has now changed. We will have to wait and see if other panelists take the same approach under similar circumstances.

DNJournal Newletter - Current Issue

New Investment Opportunity?

http://www.dnjournal.com/newsletters...r-november.htm

Nelson Brady on SnapNames Scandal

Don’t expect an explanation from Nelson Brady any time soon.
When I cover a major domain industry event, I like to get both sides of the story. So when the news about the SnapNames insider bidding scandal broke, one of my first calls was to the man allegedly at the center of the controversy, former Snapnames VP Nelson Brady.
Instead of writing about the conversation then, I wanted to wait until I had a chance to have a more in-depth discussion with Brady or his attorney. I talked to Brady’s attorney last week, and he indicated that neither he nor his client will discuss the matter at this time.
In my brief conversation with Brady the day after the news broke, he indicated two things. First, he wouldn’t implicate others in the alleged scheme. Second, he said there’s more to the story.
What “more to the story” means isn’t something I’m willing to speculate about.
I’m personally trying to look forward more than backward, and would like to focus on what the industry can do to make sure this sort of thing never happens again. Alas, going forward will probably require understanding what happened in the past.

Source:
http://domainnamewire.com/2009/11/16...names-scandal/

Hi,,


P2p.com Stolen And Sold To NBA Player


BY LUKE FUNK

________
Peace,
Dan

Meeter.com Sold for $25,000 on SEDO
Meeter: One who meets

Is this name deserve this amount?
Your commenets please...

Good day

Domainer & Lawyer Launches MalpracticeAttorneys.com

2009 November 14


by MHB

A well known lawyer in the domain industry, and fellow domainer has just launched a site on MalpracticeAttorneys.com.
Howard Neu, a lawyer practicing in South Florida, purchased the domain at the TRAFFIC New York 2008 Moniker auction.
The site will contain a blog with news and views about cases and developments in the Malpractice field including medical malpractice and legal malpractice.
The site will eventually list malpractice attorneys in every major metropolitan area around the country.
Its a great concept and I’m quite interested to see how it develops as I own Malpracticelawyer.com
We wish Howard and his team much success.

Source: http://www.thedomains.com/2009/11/14...attorneys-com/

Dave Wrixon: Interview with a Domain Legend

Dave Wrixon owns one of the strongest IDN portfolios period. And he managed to accumulate his portfolio long before many even heard of the term “IDN”. More impressive, is that he has been a vocal leader in the domain industry. He is known for tirelessly advocating IDNs everywhere and at any time of day or night.

http://idnblog.com/2009/11/14/dave-w...usive-idnblog/

Senior VP Pete Lamson Has Left NameMedia Where He Ran Two of the Domain Industry's Biggest Sales Platforms; the AfternicDLS and BuyDomains
Pete Lamson, a Senior VP at NameMedia who also served as the General Manager of their Domain Marketplace (including two of the industry's most successful sales platforms, the AfternicDLS and BuyDomains), has left the company on good terms. I came to regard Pete
Full Story here:
http://www.dnjournal.com/archive/low...s/20091113.htm

Portland.org sells for $9,999 on Sedo. Ok, I don't follow the .org geo namespace much this seems to me like a really really good BUY. What's your take?

Sedo Named Best Overall Domain Solution at T.R.A.F.F.I.C. New York City

CAMBRIDGE, Mass. - (BUSINESS WIRE) - Sedo, the leading online domain marketplace and monetization provider, today announced it received the award for "Best Overall Domain Solution" at the T.R.A.F.F.I.C. Domain Conference & Expo in New York City, which took place October 26 - 29, 2009. The company was selected by domain industry voters over five other nominated domain solution providers, including DevHub, Fabulous, Hayneedle, NetShops and Skenzo.

Complete Story here:
http://newsblaze.com/story/200911100.../topstory.html

Glenn beck raped and murdered a young girl in 1990 .com is Protected Speech, Says Arbitrator

Glenn Beck's lawyers have lost the effort to shut down the Web site glennbeckrapedandmurderedayounggirlin1990.com on grounds that it is protected speech, said World Intellectual Property Organization arbitration panelist Frederick Abbott.

Site creator Isaac Eiland-Hall argued that Beck's rhetorical techniques are being parodied. Marc Randazza, his lawyer, referenced Beck's interview with Muslim congressman Keith Ellison, asking for proof that he was "not working with our enemies."

Its origins lie with a Web meme from Fark.com on Aug. 31, when the question was posed by a user: "Why haven't we had an official response to the rumor that Glenn Beck raped and murdered a girl in 1990?" Eiland-Hall's site was set up the next day.


http://www.mediapost.com/publication...art_aid=116991

Camera.net Sold for $26,001 on sedo

https://sedo.com/auction/detail/camera.net/86137_us__

3 bidders only?! I think its sold for a low price.