EFF "Cybersquatting and Internet Address & Domain Name Disputes" Archive

Files in this Archive

19991025_hr3028_alert.html

EFF alert about H.R. 3028, the so-called "Trademark Cyberpiracy Prevention Act" (TCPA), a poorly-written bill that grants trademark holders numerous new rights at the expense of free speech, privacy, fair use and justice. (Oct. 25, 1999).

hr3028_1999.bill

Full text of 1999 US bill, the so-called "Trademark Cyberpiracy Prevention Act" (TCPA), a poorly-written bill that grants trademark holders numerous new rights at the expense of free speech, privacy, fair use and justice.

s1255_1999_bill.html

The US Senate bill passed and sent to the House to stop cybersquatting. Bill is S. 1255, the so-called "Anticybersquatting Consumer Protection Act". Almost as bad as H.R. 3028 (which appears to have supplanted S. 1255).

HTML/19981106_eff_wipo_dns_comments.html

EFF comments on World Intellectual Property Organization (WIPO)'s "Request for Comments on Issues Addressed in the WIPO Internet Domain Name Process (WIPO RFC-2)". EFF's comments on the WIPO RFC remind WIPO that the Internet Domain Naming System is not an appropriate place to resolve legal intellectual property disputes and that any i-p policy for the DNS must recognize human rights including freedom of speech and press, due process, and nondiscriminatory administration. (HTML version.)

19981106_eff_wipo_dns.comments

EFF comments on World Intellectual Property Organization (WIPO)'s "Request for Comments on Issues Addressed in the WIPO Internet Domain Name Process (WIPO RFC-2)". EFF's comments on the WIPO RFC remind WIPO that the Internet Domain Naming System is not an appropriate place to resolve legal intellectual property disputes and that any i-p policy for the DNS must recognize human rights including freedom of speech and press, due process, and nondiscriminatory administration. (text version.)

9609_internic_domain.policy

InterNIC (the primary US, and to a certain extent global, domain name issuing agency) mid-'96 2nd revision of domain name dispute policy (includes summary of changes). InterNIC (particularly, NSI, the part of InterNIC that handles domain names) is attempting to shift legal responsibility away from itself, by moving to a system in which they deal with domain name disputes as they are resolved in the courts, rather than trying to resolve them internally. Policy goes into effect Sept. 9, 1996. It remains to be seen if the policy change will solve any of the root problems, or simply shift the venue to the courts.

9608_iana_toplevel_domain.policy

Aug. 96 draft policy of the Internet Assigned Numbers Authority, breaking up the InterNIC monopoly on non-geographic Internet domain names, and establishing multiple registries. This should go a long way to avoiding future Internet domain name disputes, as any Foo Inc. company that wants a foo.com domain will now have the option of getting a foo.inc or foo.biz domain name instead of suing the present holder of foo.com and trying to take that domain away from them.

960618_ila_domain.article

InfoLaw Alert article, "ROADRUNNER TO NETWORK SOLUTIONS: SHAME ON YOU: Domain holder says Internet registry tried to pull a fast one" by Mark Voorhees. June 18, 1996. HTML version (w/links to author feedback, court docs, etc.) available at: http://infolawalert.com/articles/960618.html

960614_ila_domain.article

InfoLaw Alert article, "Network Solutions' Second Cross To Bear" by Mark Voorhees. Covers filing of lawsuit against InterNIC domain policy by Data Concepts of Nashville, TN. June 14, 1996. HTML version (w/links to author feedback, court docs, etc.) available at: http://infolawalert.com/source/src061496_dc_intro.html

960614b_ila_domain.article

InfoLaw Alert article, "Keep Your Name: CAN NETWORK SOLUTIONS ESCAPE RULING ON ITS INTERNET NAME POLICY?: Registry wants Roadrunner case dismissed" by Mark Voorhees. Followup on the Roadrunner v. NSI lawsuit. June 14, 1996. HTML version (w/links to author feedback, court docs, etc.) available at: http://infolawalert.com/stories/061496b.html

960517_ila_domain.article

InfoLaw Alert article, "Will government contractor at center of Internet controversy get off the hook?" by Mark Voorhees. Details the Roadrunner Computer Systems suit against InterNIC over domain name policy disputes. May 17, 1996. HTML version (w/links to author feedback, court docs, etc.) available at: http://infolawalert.com/stories/051796b.html

960419_ila_domain.article

InfoLaw Alert article, "Much-maligned Attempt to Resolve Name Dispute Under Review" by Mark Voorhees. Details InterNIC's plans to rework it's domain name dispute policy. Apr. 19, 1996. HTML version (w/links to author feedback, court docs, etc.) available at: http://infolawalert.com/stories/041996b.html

960329_ila_domain.article

InfoLaw Alert article, "INTERNET NAME POLICY DRAWS SUIT IT WAS INTENDED TO AVOID: Network Solutions Accused of Breach of Contract" by Mark Voorhees. Details the Roadrunner v. NSI lawsuit. Mar. 29, 1996. HTML version (w/links to author feedback, court docs, etc.) available at: http://infolawalert.com/stories/032996c.html

951227_radcliff_domain.paper

Paper, "Do You Own Your Own Name in CyberSpace?", By Mark F. Radcliffe of Gray Cary Ware & Freidenrich. Dec. 27, 1995. An overview of InterNIC's domain name policies, and the disputes that are arising under them. (Redistributed with permission of GCW&F.)

9510_internic_domain.policy

InterNIC (the primary US, and to a certain extent global, domain name issuing agency) late-'95 revised policy on domain names and disputes arising therefrom. Widely criticized as too little too late.

9507_internic_domain.policy

InterNIC (the primary US, and to a certain extent global, domain name issuing agency) old (mid-'95) policy on domain names and disputes arising therefrom. This policy has been replaced by a newer one, that is arguably far worse for everyone, and has already generated at least 5 lawsuits.

950728_internic_trademark.statement

Statement by InterNIC that trademark registrations are unnecessary for domain names. Despite this public statement, InterNIC does in fact require trademarks for domain names, if those names are disputed. Whoever has the trademark wins, essentially.

internic_domain_fee.faq

InterNIC (the primary US, and to a certain extent global, domain name issuing agency) "Frequently Asked Questions (and Answers)" document about InterNIC's domain name fees.

internic_domain_fee.policy

InterNIC (the primary US, and to a certain extent global, domain name issuing agency) policy on fees for registering and keeping domain names.

pto_domain.statement

Statement from the US Patent & Trademark Office. "With the recent publication of the Network Solutions, Inc. (NSI) Domain Dispute Resolution Policy Statement, the number of applications for domain names in the USPTO has greatly increased since the Policy Statement refers specifically to the benefits arising from having a registered trademark or service mark. The PTO is developing policy for handling this new breed of mark..."

Subdirectories in This Archive

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Kremen_v_NSI/

Directory of information about the Kremen v. NSI et al. case in which the owner of the sex.com domain name sued both those who (temporarily) stole it from him by forging domain name ownership change orders, and Network Solutions Inc. (a.k.a. Verisign, a.ka. Internic), who permitted the change without verifying its authenticity, and then accepted no responsibility for the harm caused to Kremen. EFF filed an amicus brief in the case, seeking to hold NSI to a higher level of legal responsibility as the monopoly registry of .com domain names.

Foreign_and_local/

Directory of info on global, non-US, and US-state Internet domain name and address disputes.

Related On-Site Resources

DNS administration &  control policy disputes Archive

info on disputes over the control, use, ownership and evolution of the Internet top level Domain Name System (DNS) and generic Top Level Domains (gTLDs).

Clue Computing v. NSI (InterNIC) Archive

info on the lawsuit, in which Clue Computing is suing for a restraining order blocking NSI from taking away Clue's domain name, at the behest of Hasbro, a company with a trademark on "Clue" in one particular category of commerce.

Data Concepts Inc. against NSI Archive

Directory of info on the lawsuit filed by Data Concepts Inc. (the domain registration half of the InterNIC), seeking to prevent NSI taking away Data Concepts' dci.com domain name at the behest of Digital Consulting Inc., a company that has a trademark on "DCI" in one particular, narrow category of commerce.

Dynamic Information Systems Corp. against Network Solutions Inc.

thelawsuit filed by domain registration half of InterNIC), to prevent NSI from taking away Dynamic's domain name at the best of DISC trademark holder Distributor Information Systems Corp. (a.k.a. Distributor Information Services Corp.)

Philip L. Giacalone's lawsuit against the InterNIC

(specifically the Network Solutions Inc. half of InterNIC), and TY, Inc., to prevent NSI from taking away Giacalone's ty.com domain name (which NSI intended to do, at the behest of TY, Inc., a company that has a trademark on "TY" in one particular category of commerce.)

Knowledgenet v. InterNIC et al Archive

aboutthe suit aainst the InterNIC over domain name intellectual property disputes. Knowledgenet Inc. in 1994 sued NSI (InterNIC) for issuing the knowledgenet.com domain name, David L. Boone, for having the domain, and Boone's Internet access provider.

Liebling v. InterlawArchive

'Lectric Law Library operator, Jeff Liebling, sued Interlaw Ltd. (interlaw.com) to protect LLL's similar interlaw.com address, which Interlaw Ltd. had told InterNIC to take away from LLL. The case was dismissed, the parties settled, and LLL has now switched to using lectlaw.com.

MTV v. Curry domain name dispute Archive

Music TeleVision sued former employee Adam Curry over his use of the mtv.com domain name, claiming trademark violation. Curry had registered mtv.com himself, while an MTV employee, after MTV declined to do so itself. After leaving the company, Curry put the domain name to non-MTV uses. MTV's case was fairly good - Curry was providing entertainment-related info, and as such was arguably competing with MTV. Had Curry been doing anything else with the name, MTV's case would probably have failed. MTV and Curry settled, and Curry now uses the curry.com domain name, while MTV has taken over mtv.com. This case was arguably the first prominent domain name dispute, and opened the entire question of whether or not a domain name is intellectual property, and in what sense. In Curry's case, the answer leaned toward it being property in the trademark sense, just like a name on a product. Subsequent cases are pushing in the opposite direction, trying to establish domain names as property that benefits the holder (and ergo cannot be taken without cause and recompense).

Roadrunner v. InterNIC Archive

A case in which Roadrunner Computer Systems is seeking to prevent Network Solutions Inc. (the domain registration half of InterNIC) from taking away its roadrunner.com domain name at the behest of TIME/Warner Communications, who have a trademark on a particular narrow use of the term "Roadrunner".

Wired v. WWire Archive

the domain name dispute between Wired Magazine (wired.com) and Women's Wire (formerly wire.net, now wwire.net, wwire.com, and womenswire.com amother others), an online service. Wired Mag sent legal threats to WWire, claiming that the wire.net domain name infringed their trademark. The dispute was settled at least fairly amicably before any legal action ensued, with WWire acceding to the magazine's demands.

Links to Related Off-Site Resources

Comparative Domain Dispute Resolution Policies

Geoffrey Gussis' compilation of all (or at least most) of the domain name conflict policies of the world's NICs (except the US, since that's covered elsewhere).

Master of Your Domain: Conflicts and Legal Issues Regarding Internet Domain Names

Paper by Daniel Tobias, from his "Current Controversies, Crises, & Censorship in Cyberspace" series.

EFF co-founder John Gilmore's response to an Economist article

Noting that the article doesn't cover the real problem - that though there can be many holders of the same trademark in different categories of commerce, there can only be one holder of a domain name, and that InterNIC has proven to be a very poor adjudicator of domain name disputes, a job better left to the courts.

Network World article, "Securing Your Domain Name Can Be Risky Business"

by Carl Oppedahl, May 27, 1996. Covers the legal disputes over domain names, from the perspective of a business in fear of losing its domain name to someone else.

New York Law Journal article,

Avoiding the Traps in the New Rules for Registering a Domain Name by Carl Oppedahl, Aug. 8, 1995. Details the pitfalls of (then new) InterNIC domain name dispute policy. (Somewhat outdated)

New York Law Journal article,

"Changes in Domain-Name Rules Could Result in Ownership Loss" by Carl Oppedahl, Nov. 28, 1995. Reports on how revised InterNIC policy can cost you your domain name. (Somewhat outdated. Read next item below, too.)

New York Law Journal article,

"NSI Domain Name Dispute Policy Puts Owners at Significant Risk" by Carl Oppedahl, May 21, 1996. Details the legal avenues people can pursue to steal your domain name, and what to do to prevent it.