Neus News
Neus News
Neu Updates:
NATIONAL ARBITRATION PANELS SHOW SLIGHT IMPROVEMENT
Last week we published our semi-annual TOP 10 LIST...
WIPO PANELIST IS RDNH SUPERSTAR
Our Semi-annual survey of WIPO panelists revealed a shocking...
Medical malpractice suit claims pill lodged in woman’s throat led to her death
A Moultonborough man has filed a medical malpractice suit,...
THE VAGARIES OF THE ENGLISH LANGUAGE
  I noticed recently that a number of folks...
NATIONAL ARBITRATION FORUM IS STRICTLY FOR CLAIMANTS
Last week we published our semi-annual TOP 10 LIST...
ANNUAL TOP 10 PANELISTS AT WIPO FOR DOMAINERS
This is our Annual Report of those panelists who...
Malpractice Suit Against Former Doctor
A woman has filed a medical malpractice lawsuit, naming...
KITCHN.COM UDRP DENIED
In a 3 person panel decision, the UDRP Claim...
NOMINATIONS FOR THE 2016 DOMAIN INDUSTRY AWARDS NOW OPEN
DOMAIN INDUSTRY AWARD Nominations for 2016 are now open....
CLAIMANT FOOLISHLY TRIES TO GET THE 2ND BITE OF THE APPLE
In a new UDRP decision handed down by a...
WIPO TREATS DOMAIN INVESTORS FAIRLY
A review of the UDRP Decisions at the World...
NATIONAL ARBITRATION FORUM IS VERY PRO TRADEMARK HOLDERS
In reviewing the decisions of panels of the NAF...
WEB.COM PROMAIL (WEBMAIL) IS CLUELESS!
I have been using Register.com’s email program titled “ProMail”...
WIPO PANEL DENIES SWISS UDRP CLAIM
A WIPO panel has denied the claim of a...
URS DEFAULT DETERMINATION
In an important case under the relatively new Uniform...
FACEBOOK SEEKS TO REVIVE CASE AGAINST LAWYERS
Facebook isn’t ready to abandon its desire to hold...
MY RECOMMENDATION FOR A GOOD BOOK TO READ
I generally read detective and spy stories and haven’t...
ANNUAL TOP 10 PANELISTS AT WIPO FOR DOMAINERS
This is our Annual Report of those panelists who...
TOP 10 PANELISTS AT NATIONAL ARBITRATION FORUM
This is our Annual Report of those panelists who...
GERALD LEVINE’S UDRP BOOK A “MUST” FOR ALL LITIGATORS
This is a reprint of a blog by attorney...
WIPO PANEL DENIES TURKISH UDRP CLAIM
In a decision rendered in the case of Sarten...
BEWARE OF WIPO PANELISTS CAIRNS, DONAHEY AND GIBSON
The domain investment community has been shocked by the...
THE Domain Conference sets 2016 Dates and Prices
The response to the 2015 Conference has been tremendous...
AFFIDAVIT FROM RESPONDENT WON UDRP ON BOUNZ.COM
A WIPO panel has denied the claim of a...
WIPO PANEL DENIES CLAIM FOR MANKARIOUS.COM
ADMINISTRATIVE PANEL DECISION Ramsey Mankarious v. Stanley Pace Case...
NATIONAL ARBITRATION FORUM TOP 10 PANELISTS
This is our Semi-Annual Report of those panelists who...
WIPO PANELISTS – MIDYEAR REPORT
This is our Semi-Annual Report of those panelists who...
OUR SEMI-ANNUAL REPORT ON UDRP PANELISTS
There are some new interesting developments in decisions made...
DOMAINfest is coming to South Florida!
YES, you read that correctly! We are proud to...
UDRP ON BOLTER.COM IS DENIED
Stanley Pace owns over 10,000 generic family names and...
TOP 10 PANELISTS AT NATIONAL ARBITRATION FORUM
This is our Annual Report of those panelists who...
Once Again the WIPO Panelists Are Better Than NAF For Domainers
This is our Annual Report of those panelists who...
Google’s Gmail Blocked in China
For those of you who believe that the U.S....
Facebook Accused of Censoring Political Comment
A prominent Tibetan writer says Facebook deleted her post...
Facebook Reportedly Blocks Russian Dissident’s Page at Government Request
Reportedly at the request of the Russian government, Facebook...
North Korea Confrontation Possible Over Sony Hack Attack
A White House official said on Thursday that the...
HAPPY THANKSGIVING, BLACK FRIDAY and CYBER MONDAY from COFFEE.CLUB
At T.R.A.F.F.I.C. EAST 2014, Bill McClure made a deal...
Feds fine dating site for making fake profiles
The Federal Trade Commission has fined UK-based JDI Dating...
11 Drivers Cited So Far as Uber Defies Court Order
Nevada drivers with the ridesharing company Uber are picking...
Facebook Sues Lawyers of Discredited “Co-Founder” Paul Ceglia
Facebook and CEO Mark Zuckerberg sued a handful of...
Twitter sues U.S. government over limits on disclosure of surveillance orders
Twitter has sued the U.S. government, alleging that the...
T.R.A.F.F.I.C. AWARDS BALLOTS GO OUT TOMORROW
On Tuesday, September 16th, ballots for the 10th Anniversary...
California Bars Online Retailers From Fining For Posting Negative Reviews
In response to online retailers threatening their customers with...
WIPO PANELIST ADMONISHES LAW FIRM FOR BRINGING COMPLAINT IN BAD FAITH
In the case of Clearwater Systems, Inc. v. Glenn...
DO WE NEED A DOMAIN NAME ASSOCIATION?
My good friend Michael Gilmour blogs under the name...
Twitter Reviews Policies After Robin Williams’s Daughter Abused
Twitter is reviewing its policies on privacy and support...
National Arbitration Forum is not Friendly to Domainers
This is our 6 month recap on NAF decisions...
Here is our semi-annual listing of the “Good Guys” from WIPO
Here is our semi-annual report of those panelists who...
U.S. Supreme Court to Decide if FACEBOOK Threats Are Real
The Supreme Court has agreed to hear an important...
China calls for ‘severe punishment’ for Google, Apple, U.S. tech firms
Chinese state media lashed out at Google Inc, Apple...
Egypt Exhibits Yet Another Example Of Government Interference on the Internet
Egypt’s police force is seeking to build a surveillance...
New lawsuit accuses Google of AdSense fraud
A lawsuit filed Tuesday against Google accuses the tech...
CALIFORNIA v. NSA – WHO WINS?
The federal government would need a warrant from a...
People have a right to be forgotten on the Internet
People can ask Google to delete sensitive information from...
Russia Quietly Tightens Reins on Web With ‘Bloggers Law’
Russia has taken another major step toward restricting its...
IRAN REVEALS ITS ANTI-SEMITISM BY BANNING WHATSAPP
Iran’s censor is reportedly banning WhatsApp, the popular messaging...
INTERNET FREEDOM CALL TO ACTION
MICHAEL CASTELLO, a very well-known name in the domain...
GOOGLE IS THE 2ND LARGEST LOBBYIST IN THE U.S.
In May, 2012, the law school at George Mason...
No More “BIG BANG THEORY” In China
Four U.S. television shows, including “The Big Bang Theory”...
Authoritarians accept Obama’s invitation to take Internet control.
The Obama administration still doesn’t seem to understand the...
FACEBOOK Tells businesses if they want folks to see their posts – pay up!
Over the past several months, Facebook has been reducing...
China is Cracking Down on Internet News and Porn
China has unfurled a vigorous new campaign to “clean...
Obama Administration Backpedals on Giving up ICANN Oversight
Less than a month after announcing its plan to...
Obama Administration Backs Down from giving away ICANN Oversight
Less than a month after announcing its plan to...
Congressman Todd Rokita and Colleagues Seek Review of Obama Plan to Relinquish U.S. Oversight of the Internet
Representatives Todd Rokita, John Shimkus (IL-15), and Marsha Blackburn...
Bill Clinton Would Prefer U.S. Oversight of the Internet
Count former President Bill Clinton among those who are...
DOMAINERS BEWARE! The new URS – PART IV – APPELLATE PROCESS
This is Part 4 of our series of articles...
DOMAINERS BEWARE! The new URS – PART III
This is the Third Part of a Series on...
Facebook Claimant Ceglia Loses Bid to Dismiss Fraud Case
Back in 2011, I published an article about Paul...
DOMAINERS BEWARE! The new URS – PART II
Last week we wrote Part I of a series...
Judge Orders Domainer to Pay Trump $32,000 in Damages
A Brooklyn man who registered domain names related to...
DOMAINERS BEWARE! The new gTLD extensions are all subject to the new URS. How will that effect you?
The URS (Uniform Rapid Suspension System) is intended to...
Top Websites Refuse to Accept Marijuana Ads
Stores can sell marijuana in Colorado and Washington but...
Jailed Alabama Blogger’s Case Tests First Amendment
For over six years, Roger Shuler has hounded figures...
Facebook User Sues Over Falsified ‘Likes’ Endorsements
Just weeks after Facebook was sued for allegedly intercepting...
Time for the NAF 2013 TOP TEN
As everyone knows, there are two major arbitration bodies...
Time for the WIPO 2013 TOP TEN
The year 2013 brought about a big change in...
And Another One Bites the Dust
The year 2013 ends with good news for my...
GOOGLE, FACEBOOK, YAHOO! Beefing up Codes to Deter NSA
Leave it to private enterprise to stick it to...
Homeland Security must disclose cell network ‘kill switch’ protocols Court Rules
Homeland Security’s ability to shut down cellular and wireless...
WIPO Panelist Provides Comprehensive Analysis of Reverse Domain Name Hijacking
Panelist Tony Willoughby has provided the most complete analysis...
This is Why Domain Investors Need the Internet Commerce Association
I recently received an email from Nat Cohen that...
WIPO Panelists Want to Change “Bad Faith” Standard to Favor Complainants
I generally do not repeat articles from other blogs...
Having Disclaimer Wins UDRP
A National Arbitration Forum panel has denied the claim...
Anonymous comments could suffer under European Court of Human Rights ruling
The European Court of Human Rights (ECHR) has issued...
Mugged by a Mug Shot Online
The ostensible point of sites like Mugshots, BustedMugshots and...
NSA Using Data to Graph Social Connections
Since 2010, the National Security Agency has been exploiting...
T.R.A.F.F.I.C. EAST 2013 ATTRACTS gTLD APPLICANTS
In Less than 4 weeks the Domain Industry will...
Users Sue LinkedIn Over Harvesting of E-Mail
Four LinkedIn users have filed a lawsuit accusing the...
Facebook ‘Like’ Is Protected Speech, Appeals Court Says
Using Facebook Inc.’s “Like” feature to show support for...
Judge Limits Search Warrants for Emails
Can law enforcement obtain a search warrant to dig...
NAF Finds Reverse Domain Name Hijacking of Consuela.com
In a new National Arbitration forum Decision in Consuela,...
GIVE THE GOVERNMENT AN INCH AND IT TAKES A MILE
The U.S. government has demanded that major Internet companies...
CONGRESS IS NOT INTERESTED IN PROTECTING OUR RIGHTS TO PRIVACY
A deeply divided House defeated legislation Wednesday that would...
Twitter surrenders anti-Semitic tweet info to France
Twitter has finally released data on anti-Semitic tweets to...
HERE ARE THE NAF PANELISTS THAT DENY CLAIMS
Here is our 6 month review of Panelists who...
Here is the List of the Best WIPO Panelists for Domainer Respondents
Here is our semi-annual report of those panelists who...
FDA shuts down 1,677 online pharmacies
The prices may look tempting, but ordering from an...
Secret Court Ruling Puts YAHOO! in a Bind
In a secret court in Washington, Yahoo’s top lawyers...
Big 3 Internet Companies Want to Disclose Security Requests
Three of the largest Internet companies called on the...
NSA, FBI Tapping Into Servers of U.S. Internet Companies
George Orwell’s vision of the future in the 1930’s,...
GOOGLE beats FACEBOOK in Popularity
GOOGLE beat out rivals APPLE and FACEBOOK when it...
The Internet Revolution: What Should We Expect
The Internet revolution is in full swing. Changes are...
Google faces new federal antitrust probe
U.S. regulators are in the early stages of an...
WILL TUMBLR HELP YAHOO!?
YAHOO! has concluded that TUMBLR, the social blogging service,...
Facebook Tells Appellate Court to ‘Like’ Decision
Facebook’s “Like” feature is vital to 500 million people...
Senate Passes Bill to Collect Sales Tax on the Web
A bipartisan coalition in the Senate easily passed legislation...
ALL WEB SALES SOON TO BE TAXABLE
Late Thursday afternoon, in a 63-to-30 procedural vote, the...
MICHAEL GILMOUR TALKS ABOUT T.R.A.F.F.I.C.
Well known Blogger of Whizbangsblog.com and owner of one...
The IRS doesn’t believe it needs a search warrant to read your e-mail.
I previously wrote that the FBI is being sued...
NEW BENCHMARK IN REVERSE DOMAIN NAME HIJACKING
A National Arbitration forum Panelist, Paul M. DeCicco, has...
Google fights FBI’s warrantless National Security Letters
GOOGLE is the first major company to openly challenge...
My domains have been “Frozen”
My Guest blogger, Mark Hershiser has posted this blog>...
NEUSNEWS.COM HAS A NEU LOOK FOR OUR 3RD ANNIVERSARY
Thanks to Danny Pryor and his company Rodan Media...
AMAZON’S QUEST FOR NEW GTLDS DRAWS OPPOSITION
Two publishing industry groups, the Authors Guild and the...
ANDREW ETEMADI, FOUNDER AND CTO OF EYEMAGINE, FOUND GUILTY OF RDNH
“ finding of is warranted if the Complainant...
ATTORNEY BERRYHILL GETS NAF PANEL TO RULE REVERSE DOMAIN NAME HIJACKING
The National Arbitration Forum panels are beginning to catch...
NAF SETS NEW PRECEDENT IN DENYING A COMPLAINT SOLELY ON THE BASIS OF LACHES
In the case of Laminex, Inc. v. Yan Smith,...
ONLY 2 NATIONAL ARBITRATION FORUM PANELS FOUND REVERSE DOMAIN HIJACKING IN THE LAST 6 MONTHS
Though WIPO panels found a number of Reverse domain...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT WIPO?
Every six months we bring you an update on...
RUSSIAN COALITION WITHDRAWS INTERNET PLAN
If you read my blog yesterday, you saw that...
INTERNET GOVERNANCE TALKS IN JEOPARDY
A 12-day conference of the International Telecommunications Union, taking...
OBAMA SIGNS SAFE WEB ACT INTO LAW
The new law expands the FTC’s powers so it...
INTERNET REGULATION TO DOMINATE GLOBAL SUMMIT
An unprecedented debate over how the global Internet is...
A NEW WEB SITE IS NOW UP WHICH WILL PROVIDE ONE-STOP SHOPPING FOR ALL OF YOUR INTERNET LEGAL NEEDS
Howard Neu, “the Internet Lawyer” and co-founder of the...
CREEPING INTERNET CENSORSHIP HITS AGAIN – THIS TIME IT IS THE UNITED ARAB EMIRATES
Government crackdowns on Internet dissidents and bloggers in the...
GOOGLE BLOCKED IN CHINA AS COMMUNIST PARTY CONGRESS BEGINS
The company said it was not having any technical...
ELECTION OFFICIALS OVERWHELMED BY E-MAIL VOTING
Governments strained to allow voters to participate in the...
DONUTS’ GRAB FOR DOMAINS RAISES FEARS OF CYBERSQUATTING
Donuts.co, backed by more than $100 million in venture...
NEUSNEWS.COM IS ONCE AGAIN UP AND RUNNING
Here are some edited down versions of NeusNews.com Blog...
CHINA BLOCKS ACCESS TO NEW YORK TIMES WEBSITE
As President Ronald Reagan used to say, “There they...
IS ICANN ABOUT TO GET A MAJOR COMPETITOR?
The Internet Governance Forum’s annual meeting provides an opportunity...
D O J REVIEWING VERISIGN DOTCOM CONTRACT WITH ICANN
Verisign said late last week in releasing its latest...
FACEBOOK FACES ANTI-TRUST LAW SUIT
Gambit is the leading virtual currency and payment- processing...
GOOGLE V. FRANCE – WHO WILL WIN THIS BATTLE?
Google has warned it would exclude French media sites...
THE URS IS COMING – BUT WHO WILL ENFORCE IT?
ICANN envisioned the URS (Uniform Rapid Suspension) procedures as...
WHICH COUNTRIES CENSOR THE INTERNET THE MOST?
Recently, Freedom House, an independent watchdog organization, published “Freedom...
JUDGE ORDERS ARREST OF BRAZIL GOOGLE PRESIDENT
A Brazilian judge ordered the arrest of the head...
FBI RENEWS REQUEST FOR NEW INTERNET SURVEILLANCE LAWS
“Companies should be required to build in back doors...
GOOGLE REJECTS OBAMA REQUEST TO PULL MUSLIM FILM CLIP
The Internet company said it was censoring the video...
ANOTHER ASIAN COUNTRY CRACKS DOWN ON FREE SPEECH ON THE INTERNET- AND IT IS STILL NOT CHINA
The Indian government said in a statement it had...
AN ASIAN GOVERNMENT IS CRACKING DOWN ON INTERNET FREEDOM, AND IT ISN’T CHINA
In South Korea — A government critic who called...
GOOGLE TO PAY RECORD FINE OVER SAFARI PRIVACY VIOLATION
Google has agreed to pay a record settlement over...
CONGRESS RAISES NEW CONCERNS ABOUT NEW gTLDs
Congressmen are saying they want fresh assurances that the...
GOOGLE SHOULD PAY $750 A BOOK, AUTHORS SAY In E-BOOK SUIT
Google is being sued over its plan, announced in...
CONGRESS RESISTS CONTROL OF INTERNET PASSING TO U.N. AGENCY
At present several non-profit US bodies oversee the net’s...
ARE AFFILIATE NETWORKS REALLY VIABLE IN THE LONG-TERM?
One of my arguments against the long-term viability of...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT THE NATIONAL ARBITRATION FORUM?
Every 6 months, we bring you up-to-date on the...
WHO ARE THE TOP TEN PANELISTS THAT DENY COMPLAINTS AT WIPO?
Every 6 months, we bring you up-to-date on the...
GOOGLE IN DEAL WITH FRENCH GROUPS OVER ‘JEW’ SUGGESTION
GOOGLE’s motto is “Do no evil”, but it certainly...
TEXAS ATTORNEY GENERAL ACCUSES GOOGLE OF WITHHOLDING EVIDENCE
The allegations surfaced in a court filing earlier this...
HOUSE COMMITTEE VOTES TO PREVENT U.N. INTERNET REGULATION
Rep. Mary Bono Mack, R-Calif., championed the resolution, which...
SAVEME.COM WINS REVERSE DOMAIN HIJACKING DECISION AT WIPO
I have the distinct privilege of calling Rick Schwartz...
LAWMAKERS BLAST U.N. “POWER GRAB” FOR THE INTERNET
The U.S. government wants to bring as much ammunition...
FIGHT FOR THE FUTURE IS FORMING THE INTERNET DEFENSE LEAGUE
“The Internet Blackout was just the beginning,” the league...
NEW YORK PROPOSES BAN ON ANONYMOUS POSTS
A resulting bill, known as the Internet Protection Act...
THE CONSTITUTION PROJECT AND OTHER GROUPS CALL SENATE CYBERSECURITY BILLS ‘FUNDAMENTALLY FLAWED
After blasting a controversial House cybersecurity information-sharing bill, then...
FACEBOOK CO-FOUNDER EDUARDO SAVERIN GIVES UP U.S. CITIZENSHIP
Facebook plans to raise as much as $11.8 billion...
THERE IS SOMETHING DRASTICALLY WRONG WITH ICANN
I met with a United States Congressman today who...
T.R.A.F.F.I.C. ANNOUNCES CINCO DE MAYO SALE FOR SPONSORS
T.R.A.F.F.I.C. is presenting a unique opportunity for Sponsors and...
FEDERAL TRADE COMMISSION GETS OUTSIDE COUNSEL IN GOOGLE INVESTIGATION
The FTC is examining Google’s immensely powerful and lucrative...
HOUSE OF REPRESENTATIVES PASSES CISPA
The House of Representatives passed on Thursday a controversial...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART X
The latest chapter in Government takeover of Cyberspace Freedom...
BIG BROTHER BILL “CISPA” GAINS OPPOSITION
Last-minute opposition to the CISPA, which has been criticized...
EX-LOVER PUNISHED FOR FACEBOOK REVENGE
A jilted boyfriend who put nude pictures of his...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART IX
Rumors that Iran plans to ‘shut down the internet’...
CONGRATULATIONS TO RICK SCHWARTZ ON HIS BLOG’S 5TH ANNIVERSARY
It seems like a century ago when I first...
ZYNGA IN TALKS WITH WYNN RESORTS FOR ONLINE-GAMBLING DEAL
Eager to marry the popularity of social gaming with...
FACEBOOK RELEASES ZUCKERBERG’S HARVARD DAYS EMAILS
For the first time, Facebook released a trove of...
PAYPAL SPARKS FUROR OVER LIMITS ON “OBSCENE” E-BOOKS
PayPal sent an email on Feb 18 to Mark...
CIVIL LIBERTARIANS SLAM McCAIN CYBERSECURITY BILL
“This is a privacy nightmare that will eventually result...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VIII
About a dozen Internet providers had since Saturday blocked...
WEB PRIVACY GUARANTY? CRITICS REMAIN SKEPTICAL
The White House has proposed ab online privacy “BILL...
F.T.C. TELLS EPIC TO MIND ITS OWN BUSINESS ABOUT GOOGLE
Last year, Google signed a consent decree with the...
MICROSOFT ACCUSES GOOGLE OF BYPASSING INTERNET EXPLORER PRIVACY SETTINGS
“When the IE team heard that Google had bypassed...
GOOGLE’S IPHONE TRACKING GETS COMPLAINTS
The companies have been using special computer code that...
EPIC FILES SUIT AGAINST GOOGLE ON PRIVACY CHANGES
Google’s plan to streamline privacy settings for some 60...
E.U. WANTS GOOGLE TO DELAY PRIVACY POLICY CHANGES
The move is a shot across the bow for...
LAWMAKER WANTS PROBE OF GOOGLE’S PRIVACY CHANGES
In a separate statement, Markey plans to ask the...
EUROPE WEIGHS TOUGH LAW ON ONLINE PRIVACY
The proposed data protection regulation from the European Commission,...
WIPO UPDATE III — WHO IS IN YOUR CORNER THIS TIME?
Last week we published the results of our survey...
WAS 2011 A GOOD YEAR FOR YOU?
A year ago, I was diagnosed with prostate cancer....
CONSTRUCTION COMPANY LOSES UDRP TO ATTORNEYS FOR MILITARY CLAIMANTS IN SEPARATE LAWSUIT
In a case filed with the National Arbitration Forum,...
NAF UPDATE III – WHO IS IN YOUR CORNER?
During the past 6 months, there have been a...
SENATORS CALL FOR FTC PROBE OF GOOGLE
Committee Chairman Herb Kohl (D-Wis.) and Mike Lee (R-Utah)...
GRIPE SITE PISSEDCONSUMER.COM WINS ROUND IN LAWSUIT
The companies — software developer Ascentive and mattress manufacturer...
US IMMIGRATION SERVICES BLASTED FOR DOMAIN SEIZURES
Since its launch in June 2010, the initiative, spearheaded...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VII
Opening a two-day conference on digital freedom sponsored by...
SENATORS WARN ICANN TO TREAD CAREFULLY WITH NEW gTLDS
Kurt Pritz,a senior vice president at ICANN, said the...
BIPARTISAN LAWMAKERS OFFER ALTERNATIVE PROPOSAL TO ONLINE PIRACY BILLS
A bipartisan group of House and Senate lawmakers released...
PATIENT SUES DENTIST WHO CHARGED HIM FOR BAD REVIEWS
Robert Lee was compelled to sign a privacy agreement...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART VI
Opponents of the PCIPA say that it is not...
THE TIDE SEEMS TO HAVE TURNED AGAINST THE STOP ONLINE PIRACY ACT
“Need to find a better solution than #SOPA #DontBreakTheInternet,”...
LEGO LOSES UDRP ON LEGOWORKSHOP.COM
In a WIPO action decided on October 1st, the...
GOOGLE CEO SCHMIDT TELLS U.S. SENATE THAT GOOGLE DOESN’T DOMINATE SEARCH
“Google has many strong competitors,” Schmidt said in answers...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART V
Foreign Secretary William Hague said the fact that criminals...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART IV
Controversy over a new copyright bill continues to grow...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART III
The United States and other democracies around the world...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM – PART II
This is the second in a series of blogs...
GOVERNMENT POWER IS TAKING OVER CYBERSPACE FREEDOM
On August 6, 1991, a little over 20 years...
IPADS MAY ELIMINATE FREE HOTEL WI-FI
If, like me, you have been complaining about unusually...
T.R.A.F.F.I.C. AND ZENSCROW.COM TEAM UP TO OFFER SELLERS “2ND BITE”
T.R.A.F.F.I.C. has partnered with Zenscrow.com to offer bidders guaranteed...
EUROPE PLANS CHARTER TO SAFEGUARD INTERNET USER
Internet activists say governments ranging from Egypt to Pakistan...
PREMIUM CATEGORY KILLER DOMAIN HEADLINES T.R.A.F.F.I.C. LIVE AUCTION
Fort Lauderdale, FL and Six Nations of the Grand...
GOOGLE RIVALS TO TESTIFY IN ANTITRUST ASSAULT IN D.C.
In a preview of today’s Senate antitrust hearing on...
APPLE CUTS -JEW OR NOT JEW APP- FROM FRENCH APP STORE
Anti-Semitism is still alive and kicking in Europe and...
U.S. GRAND JURY CONDUCTS CRIMINAL PROBE OF EBAY EMPLOYEES
The two companies have been feuding for years in...
CAROL BARTZ: YAHOO “F—ED ME OVER”
Last evening, barely 24 hours after Yahoo chairman Roy...
DDOS ATTACK ON FELLOW DOMAIN BLOGGER FROM FRAUD EXPOSE
Hi all, Some of you may or may not...
CEO’s OUSTER THROWS YAHOO’S FUTURE INTO UNCERTAINTY
The move had analysts and bloggers buzzing over the...
STARWOOD HOTELS CAN’T WIN UDRP FOR USE OF “W” OR “FOUR POINTS”
In a WIPO case decided July 25th by sole...
FALSE ADVERTISING SUIT CAN PROCEED AGAINST GROUPON
A U.S. judge said parts of a false advertising...
ICANN DEPARTURES AFTER NEW TLD VOTE DRAW CRITICISM
Four days after Dengate Thrush finished his term as...
WIPO PANEL DENIES CLAIM EVEN THOUGH DOMAIN IS USED IN “BAD FAITH”
In a case decided August 2nd by Sole Panelist,...
FACEBOOK SAYS CEGLIA CONTRACT DOESN’T MENTION FACEBOOK
Facebook Inc. says it’s discovered the “authentic contract” signed...
BUSINESSES IN U.S. COMPLAIN OF .XXX SHAKEDOWN
Lawyers for the most storied brands in the United...
ARE WE DROWNING IN LIQUIDITY?
Drowning In Liquidity? Here’s a term I’ve heard for...
MOST ADULT INTERNET USERS USE EMAIL AND SEARCH -HOW ABOUT YOU?
While increasing numbers of savvy Internet users may Tweet...
FACEBOOK CALLS EVIDENCE ‘SMOKING GUN’ IN CEGLIA CASE
Facebook Inc. said its inspection of computers turned over...
WIPO COMPLAINT BROUGHT BY LAW FIRM FOUND ABUSIVE; COMPLAINANT IS GUILTY OF RDNH
Sole Panelist, Tony Willoughby, gives a well-thought-out explanation of...
JUDGE TOSSES OUT WINKLEVOSS TWINS V. FACEBOOK CASE
A federal judge in Boston has handed Cameron and...
JOHN BERRYHILL BEATS HOLY MOTHER IN UDRP CASE
In a WIPO case decided on June 22nd, 2...
UDRP PANEL SAYS THAT FREE SPEECH IS NOT JUST A U.S. CONCEPT
In the recent WIPO case of Nippon Paper Industries...
UDRP CLAIM DENIED THOUGH NO RESPONSE WAS FILED
In a new case decided on June 30th at...
A GEO COMMON LAW TRADEMARK REQUIRES SPECIFIC PROOF IN NEW UDRP CASE
In a case decided on June 30th, by Carolyn...
GRANDMA SUED BY PORN MOVIE STUDIO
The Palm Beach County grandmother whose 14-year-old grandson set...
A COMPANY NAME DOES NOT GIVE RISE TO A COMMON LAW TRADEMARK
Just because a company has used its name to...
WHEN DOES A PARKED DOMAIN NAME TRUMP A PRE-REGISTERED TRADEMARK?
A recent case at the National Arbitration Forum was...
SOMETIMES YOU MAY NOT HAVE TO RESPOND TO A UDRP COMPLAINT, IF YOU THAT YOU’RE RIGHT
No response was filed by the Domain Registrant of...
THE GOURMET DEPOT LOSES UDRP WITH COMMON LAW TRADEMARK
In the recent NAF case of The Gourmet Depot...
WINKLEVOSS UPDATE – TWINS TO FILE ANOTHER SUIT AGAINST FACEBOOK
In a status report filed on Thursday with the...
THINGS THAT REALLY BUG ME – PART 1
Everybody needs an outlet to let others know what...
PARKING PAGE VS. SALE PAGE- WHICH ONE IS BETTER?
I want to start out by thanking everyone for...
WELCOME TO MY BLOG
When Ray acquired HowardNeu.com and along with one of...

November 8th, 2013
WIPO Panelists Want to Change “Bad Faith” Standard to Favor Complainants

wipo logo

I generally do not repeat articles from other blogs here at NeusNews,com. However, the following article was written by Nat at DomainArts.com. For the purpose of some brevity, I have edited the below comments, but their impact remains important for all domainers.

“Many domains held for investment are at risk of loss due to a radical new approach to the UDRP championed by some UDRP panelists at WIPO’s Advanced Workshop on UDRP Practice and Precedent held in Geneva last week.

Respected WIPO Panelist and the Workshop co-leader, David Bernstein, is a leading advocate for this new approach that changes the criteria that the Complainant must prove to win a transfer of a disputed domain. The standard since the UDRP was introduced in 1999 has been that “Registration in Bad Faith” must be proven before a domain can be transferred. Bernstein, and other panelists who share his views, are using a “Renewed in Bad Faith” standard instead.

The “Renewed in Bad Faith” standard is an open invitation to companies to employ the UDRP to try to steal your domains. As was made clear at the WIPO workshop, under the “renewed in bad faith” standard every renewal provides a panel the opportunity to look at the then current use for evidence of bad faith. Putting a domain to virtually any use other than running an established business on that domain can be viewed as bad faith. The following were all held out as examples of bad faith use at the workshop, and have been cited as bad faith use in many UDRP decisions-

● parking a domain name, whether there are infringing links or not;
● having a GoDaddy landing page on your domain, even if you make no money from it and are not aware of it;
● leaving the domain undeveloped;
● offering the domain for sale;
● having a criticism site on a domain;
● running a business on the domain, if the business is viewed as competitive with the Complainant’s.

Renewing your domain while it is being put to any of the above uses therefore could give a panel grounds to order a transfer under the “Renewed in Bad Faith” standard.

Bernstein used the “Renewed in Bad Faith” standard to order the transfer of Big5.com in a controversial recent decision. The decision is so controversial because Big5.com was clearly registered in good faith. The Taiwanese owner originally registered big5.com for a business in connection with the ‘big 5’ Asian languages, and had a trademark on the term ‘Big 5’ for that purpose, but then allegedly used the domain to target the trademark rights of Big 5 Sporting Goods.

The UDRP details the rules governing a domain dispute in Paragraph 4 of the policy where it states that in order for a transfer to be ordered, the “Complainant”, must prove three elements, including as specified in section 4(a)(iii), that the “domain name has been registered AND is being used in bad faith”. Since all parties acknowledged that Big5.com had been registered in good faith, it would seem impossible for the Complainant to have proven bad faith registration.

How can Bernstein, and the other panelists who take this approach, justify disregarding the clear language of the UDRP? They look outside of Paragraph 4 to the previously little noticed Paragraph 2. Paragraph 2 is a warranty between the domain registrant and the domain registrar. In Paragraph 2, the domain registrant warrants to the registrar that “By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that …(b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party.”

Those who look to Paragraph 2 see it as placing on the domain owner “a continuing duty to ensure that the domain name is not used in violation of another’s rights”. In their view, “The benefit of an original good faith registration should not be perpetual to the point where it can cloak successors in title and successors in “possession” long after the original registration would have expired.”

In other words, according to those panelists who are relying on the Paragraph 2 language, each time a domain owner renews a domain, he is warranting anew that the domain will be used in good faith. Since most domains are auto-renewed each year, this interpretation has the effect of rendering irrelevant the original registration date of the domain, regardless of whether the domain was registered a decade or more earlier.

The dual requirement under the UDRP that a domain must be proven to be BOTH REGISTERED in bad faith and USED in bad faith as a precondition to transfer, is replaced under this approach by condensing the Registration/Renewal date and the use date so that in most cases they are within one year of each other. For practical purposes the Paragraph 2 standard is simply a USED in bad faith standard, as the registration requirement is thrown out the window.

This is made clear in the majority decision in the Big5.com dispute: “the Panel deems Respondent’s 2012 renewal of the disputed domain name to be the date on which to measure whether the disputed domain name was registered and used in bad faith for purposes of paragraph 4(a)(iii).”

Bernstein and his fellow panelist in the majority decision focused on the recent use of the domain. They found that “the disputed domain name at the time of its last renewal was already a prototypical cyber squatting [site] unrelated to any of Respondent’s original business”. By pulling into the arbitration criteria the renewal warranty from Paragraph 2, they thought they had sufficient justification to order the transfer of the domain.

How one looks at the Paragraph 2 approach is likely a matter of perspective. Seen from the perspective of a trademark owner whose mark is being blatantly infringed by a domain name that was originally registered in good faith but then repurposed to abusive target your mark, the flexibility of the Paragraph 2 approach is attractive.

This new approach results from frustration among many panelists that the UDRP as traditionally interpreted is powerless to combat cybersquatting that happens when domains that are legitimately registered are then used to infringe on trademark rights that arise after the domain was registered.

As I understand it, Bernstein and others who are advocating this approach see it as appropriate when there has been a change in the original use of the domain where the domain owner intentionally and opportunistically uses his domain to target trademark rights that have arisen since the original domain registration. But this nuance is likely to be lost on other panelists who are either not as experienced, or who are more aggressive in their approach. If the Paragraph 2 approach takes hold, then I would expect to see a tidal wave of cases all making variations on the following argument-

“It doesn’t matter that XYZ domain was registered 10 years before my company came into existence, when it was last renewed it was being used as a [parked page/ blank page/ for sale page/ under construction page/ GoDaddy lander page/ criticism site] which is a bad faith use that violates the warranty under Paragraph 2 of the UDRP, therefore transfer the domain to me.”

Bernstein and his colleagues may feel a sense of pride that they have found a clever way to strengthen the UDRP to better fight cybersquatting. If this approach takes hold, however, the true consequence is that they will have gutted the UDRP, putting at risk most domains held by domain investors, and even domains held by small businesses that are no longer actively being used.

As with other attempts to introduce novel interpretations into the UDRP, a well-intentioned effort to more effectively combat abusive cybersquatting can create serious side effects that cause harm that far outweighs any good that is achieved. We saw this most recently with the Octagen/Mummygold series of cases where panelists Andrew Christie and Scott Donahey led an effort to revise the paragraph 4(a)(iii) language cited above: “domain name has been registered and is being used in bad faith” by replacing the “and” with an “or” so that merely bad faith use, not bad faith registration, would need to be proven to satisfy this criterion for transfer.

The Octagen/Mummygold line of reasoning encouraged a slew of frivolous UDRP Complaints from companies that wanted to seize domains registered long before the Complainant companies came into existence. As described in the “John Berryhill’s UDRP University” post, Berryhill’s frustration with this line of reasoning led him to select Christie for the panel of these frivolous cases so he could see first hand the consequences of his tampering with the UDRP.

According to Bernstein and Tony Willoughby, his Workshop co-leader, the consensus view of the community of UDRP panelists is now to reject the Octagen/Mummygold approach, in part because to adopt it would undermine 14 years of UDRP precedent. For panelists wishing to maintain the consensus view, Octagen/Mummygold is now foreclosed as an approach for dealing with “repurposed” cybersquatting, leaving panelists in search of a new approach.

What is attractive about the Paragraph 2 approach to its advocates is that it is a novel interpretation that, in their view, does not undermine established precedent as it hasn’t been fully considered before. Yet the Paragraph 2 approach is disingenuous, because it is simply the Octagen/Mummygold approach in new clothing. While the adoption of Paragraph 2 warranty language relies on a different provision and a slightly different line of reasoning, the practical effect is nearly identical to the Octagen/Mummygold approach, as both approaches permit a panel to disregard the requirement that bad faith registration must be proven. If this approach is illegitimate under Octagen/Mummygold because it undermines 14 years of precedent, it is similarly illegitimate under the Paragraph 2 approach. The Paragraph 2 approach is a new bite at the same apple, a similar violation of UDRP core principles that would also undermine 14 years of precedent. It is simply another way to change the “and” to an “or”.

Unlike some other panelists, Bernstein has not been considered to be hostile to domainers. On the contrary, he has been seen as a panelist who is willing to give a fair hearing to domain investors. Ari Goldberger often selected Bernstein for the disputes he handled. Bernstein has shown a willingness to slap Complainants with a finding of Reverse Domain Name Hijacking. He is associated with more RDNH decisions than all but two or three other panelists.

The paragraph 2 approach has also been adopted by Richard Lyon, another well respected and very experienced UDRP panelist who is considered to offer an even-handed treatment to domain investors. Lyon decided the controversial Sporto.com where he ordered the transfer of a 13-year-old domain that had been registered in good faith because of recent use that he found had been in bad faith.

The move to use Paragraph 2 language cannot be attributed to panelists who are “out to get” domain investors. Rather I think these panelists are legitimately concerned that the UDRP as traditionally interpreted does not adequately address certain instances of blatant cybersquatting and, as described above, the panelists are looking to the paragraph 2 language to cover a perceived “gap” in the UDRP’s ability to address cybersquatting.

The Paragraph 2 approach is not yet universally accepted, and has its critics, even among other WIPO panelists. Bernstein’s co-leader, Tony Willoughby, indicated that he is not persuaded that the Paragraph 2 analysis is correct because it requires a panelist to go outside of the confines of Paragraph 4 where the criteria to be used in a UDRP dispute are specified.

The UDRP itself is limited to the terms of the Policy. Paragraph 4 of the Policy specifies the limits of the resolution mechanism and details the three criteria that must be proved for a complainant to prevail in a UDRP. Indeed, paragraph 4 starts with “This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. “ In other words, the dispute mechanism is limited to paragraph 4. Paragraph 4 does not incorporate Paragraph 2. Further, Paragraph 4 uses the term bad faith registration. It does not reference “renew or maintain.”

The history of the UDRP drafting process supports a conclusion that paragraph 2, itself a late addition to the document and a sloppy cut-and-paste from the registration agreement cannot be used to drastically expand the mechanism carefully set out in Paragraph 4 so as to render “renew and maintain” equal to “register”.

Even if one were to accept that Paragraph 2 creates a standard, the very language is limited to the actual knowledge of the registrant. Indeed the language is “to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party.” The words measure actual knowledge without a duty to investigate. The problem is that most panelists already tend to ignore this by favoring an obligation to investigate.

It is still too early to see how this split view on Paragraph 2 will play out. Perhaps the Paragraph 2 approach will become the consensus view, where all panelists will feel an obligation to follow it. If so, domains held for investment will be at high risk of loss and it may be too risky to continue parking investment grade domains. It also would mean that domainers must undertake an investigation every time a domain is renewed so as to ensure no conflict exists with a trademark.

Perhaps like the Octagen/Mummygold approach, the attempt to rely on language from Paragraph 2 will eventually be decisively rejected. But in the meantime, with leading panelists including Bernstein and Lyon advocating for it, we can expect to see many decisions taking the Paragraph 2 approach, and many domains being lost despite having been registered in good faith.

In the succeeding months, as the Paragraph 2 approach becomes better known, we are almost certain to see trademark holders filing complaints in attempt to seize valuable domains that pre-date their existence. A juicy target for these complaints will be domains that are parked on landers that are auto-optimized, as the optimization algorithm can focus the links on the trademarked use. A panel relying on the warranty language from Paragraph 2 could find a domain owner responsible for these advertising links that appear on a parked page even though the links are automatically supplied by Google and the domain owner has no knowledge of them. The panel can determine that the latest renewal while the domain was being parked was in bad faith and order the transfer of the domain. The domain owner will then find that a domain that she registered in good faith many years before the trademark owner came into existence has been lost in a UDRP dispute.

A major practical problem with the divergent views on the Paragraph 2 approach is the uncertainty it introduces into administration of the policy. As domain investors, we know all too well the lack of consistency among UDRP panelists in how they approach bad faith use. Some panels have found that earning revenue from PPC links is a legitimate use for a domain, others have found that evidence of bad faith. Some panels have found that the business of selling descriptive domains – whether or not there are trademarks on the descriptive word on which they are based – is a legitimate use for a domain, some panels have found that to be bad faith. Some panels have found that not developing a domain after owning it for many years no cause for concern, others find that evidence of bad faith. As there is no consistent standard for what is consider use in bad faith, domain investors rely on the requirement that before a domain can be ordered to be transferred that registration in bad faith must be proven. This is the pillar on which we rest our defense in a UDRP response in the absence of a consistent standard for bad faith use. The paragraph 2 approach knocks this pillar out from under us. When registration in good faith no longer is a sufficient defense, then the UDRP truly becomes a crapshoot. The decisive issue of what constitutes bad faith varies from panelist to panelist.

Faced with perceived shortcomings in the Policy, it becomes very attractive to certain panelists to experiment with ways of expanding the Policy beyond the limited scope that was agreed to after extensive negotiations during the creation of the Policy. These panelists are no longer content with implementing the policy. They want to make policy. Because they are entrusted and empowered to implement the policy according to their own interpretation, without any oversight, they are free to creatively “interpret” the Policy in ways that result in profound changes to the Policy.

It is likely not a coincidence that many of these activist panelists are concurrently trademark lawyers. They have spent their careers aggressively advocating on behalf of trademark holders. When aggressive advocates are then placed in the role of neutrals, it is no surprise that they don’t exercise the restraint and the judicial temperament that is required for the role of panelist. They keep their advocate hats on.

These panelists will claim that they are honoring the spirit of the Policy and furthering its aim of combating cybersquatting. Instead, they are usurping the policy making function that should develop from deliberations within ICANN and among its many stakeholders.”

Thanks to Nat, and thanks for “listening”

Howard

9 thoughts on “WIPO Panelists Want to Change “Bad Faith” Standard to Favor Complainants

  1. Troublesome and alarming that such rules may be applied with this ruling going forwarded, is clearly taking a step backwards from advancement to days of Wild West. No pun intended.

    Giving way to every frivolous claim. Simply kill off investors and give the keys to corporate domain jackers. This act makes no clear benefit that I can see if anything can be considered subjective as “renewal act of bad faith”.

    Forced use and commerce interference. Since when does someone say you have to make use of your realestate in the form of a business that need be suitable to our subjective guidelines of non free enterprise, or dont own the realestate for that intent? Sounds shady.

    What if that is our business model as domainers and have them forwarded to an active site for domain investing/jv/leasing/sales/other? Will there be a grandfather clause? Sad to see such regulation in an supposed unregulated industry.

    Maybe best land use is not to develop. If take away my right to post “for sale” I’m being prevented from providing to a sound potential better use and that being my business.

    When does this decision to be enacted go to vote in?

    Get ready to mass bankroll renew for 10+ years all your domains! LMAO

  2. Here is some food for thought:

    Federal trademark courts completely ignore UDRP decisions.

    Why? Because those judges (yes, they are REAL judges) very well know that the UDPR panels and the whole UDRP process don’t meet even the most basic requirements of due process (including the right to appeal a decision).

    Even if the URDP was well intended (which I sincerely doubt), it has been ursurped by lawyers who show clear conflicts of interest, and by the omission of a regulatory oversight process that reviews uniform application of standards, allows for correction of blatant errors and enforces sanctioning and dismissal of incompetent (or interest-conflicted) panelists.

    Another element of monitoring the effectiveness of the UDRP would be to see how many times their decisions are subsequently overturned by regular trademark court proceedings – to my knowledge that figure is rather high which further discredits the whole process.

    One may even question the entire purpose of the UDRP process altogether, as there already exists an established venue in the federal trademark courts to address allegations of trademark infringement.

    Oversight and regulation are cornerstones of ANY organization serving the public interest. The lack of such features in the UDRP shows the utter insincerity with which it was conceived.

    Fortunately, the fall-back is the established legal system (which will also likely reverse the Big5.com decision).
    But unfortunately, it’s expensive… (however, at least here you may be able to recoup damages and legal expenses if you prevail)

  3. So this sounds like a new business opportunity for the unscrupulous: Just find a valuable domain name that you like on which there is no existing trademark, and has an upcoming renewal date. Then go out and get a trademark on that name, and wait until the person renews the domain bam.. When he does — BAM! Contact a lawyer. The name will be yours.

    This is serious stuff. Most names are now in jeopardy.

    I better go and renew all by valuable names for 10 years right now.

  4. The concept of adverse possession needs to be introduced at this time. Seven years of open and notorious ownership with true whois should make a domainer exempt from such bogus claims.

  5. “…Google will want the parking model already DIED”.
    DEAD of course, sorry for the mistake.

    Domainers, are you all already dead or are you still alive and may be you will start at last a reaction?!?

  6. Imagine if this were say real estate investments. Complainant, your honor i did not think about purchasing said land when it first appeared for sale as i didn’t find it of value, but now i understand that it will be on an important highway(World Wide Web) i want it and think that the investor who saw the value should give to me because it’s value has increased and i now have an interest. Free enterprise if you can afford the lawyers.

  7. 1) “the true consequence is that they will have gutted the UDRP, putting at risk most domains held by domain investors, and even domains held by small businesses that are no longer actively being used”

    domainers probably not, but small business owners will go to use their own arms….

    2) “domains held for investment will be at high risk of loss and it may be too risky to continue parking investment grade domains”.

    Of course, when people start to navigate really through the type-in practice, instructed by new gTLDs, Google will want the parking model already DIED.

    3) last but not least, PARKING MUST BE CONSIDERED NOT ONLY LEGITIMATE, BUT THE FIRST USE FOR GENERIC DOMAINS!

  8. I posted Nat’s article on an FB earlier today, finding the content alarming. The next piece of information that came down the pike was on TheDomains.com, and between the two articles, one detailing activist WIPO panelists and the other detailing activist ICANN members issuing directives, makes me wonder about the viability of domains as investments going forward. It’s as though we are under greater assault, and nobody seems to be stepping up.

    Your comments at TRAFFIC, Howard, about the ICA needing to open up membership to smaller investors, who could then share a stake in the effort to defend these policies, went completely ignored by those who claim to support free enterprise and online investment and speculation. It’s was a travesty, and it makes me wonder what agendas are at work here.