Domain name demand

Alfie_E

I don’t remember any legal action against AllOfMP3.com being specifically about domain names. It was partly about proving a point. The US courts are often chosen for things like this because of the following.

• They award exceptionally high damages, which make good headlines.
• They’re more willing than most to rule in extra-territorial matters.
• They’re more likely to rule against something that doesn’t follow the American capitalist model.
• Rulings potentially have wider-reaching consequences beyond the rulings themselves. A ruling could mean it would be impossible for any one connected with it to hold assets anywhere in America. It could even make it hazardous for them to fly through any US airspace.

It is possible to get a judgement in the courts in one country, then ask the courts in another country to help enforce that judgement. Obviously, that wasn’t going to happen in the case of AllOfMP3.com.

As I think we’ve established, most disputes over domain names don’t go to court. And, where they do, it can be the shear time and money involved with defending the action that decides the outcome.

superscaper

Alfie_E wrote: »

I don’t remember any legal action against AllOfMP3.com being specifically about domain names. It was partly about proving a point. The US courts are often chosen for things like this because of the following.

No it was a clever strategy, it wasn't randomly chosen to be New York (why else do you think they chose that legal juristiction and not any other?). If the court found in their favour (obviously they weren't in reality going to get x trillion dollars they were asking for), they could then go to ICANN with that court judgement and request the domain name be stripped/cancelled. An existing court judgement within ICANN's legal domain would be enough of a justification to remove the domain name. A court judgement from any other city or country would not have had an affect. The most effective way of "shutting down" the website. (I was trying to avoid using the site's actual name due to forum rules).

Alfie_E

superscaper wrote: »

…they could then go to ICANN with that court judgement and request the domain name be stripped/cancelled. An existing court judgement within ICANN's legal domain would be enough of a justification to remove the domain name. A court judgement from any other city or country would not have had an affect.

The fate of Spamhaus’s domain name was decided in the Illinois courts. In that, ICANN took the position that they do “not have either the ability or the authority” to pull a domain name in a dispute not primarily about a domain name. Action against AllOfMP3.com’s domain name could have been taken anywhere in the US, although, if ICANN took a consistent position, it would have needed to have been against the registrar, not ICANN.

superscaper wrote: »

(I was trying to avoid using the site's actual name due to forum rules).

I don’t think it’s a problem. That website no longer exists. Martin set up a thread specifically to discuss the matter. We’re not condoning or promoting what AllOfMP3.com may or may not have done.

superscaper

Alfie_E wrote: »

The fate of Spamhaus’s domain name was decided in the Illinois courts. In that, ICANN took the position that they do “not have either the ability or the authority” to pull a domain name in a dispute not primarily about a domain name. Action against AllOfMP3.com’s domain name could have been taken anywhere in the US, although, if ICANN took a consistent position, it would have needed to have been against the registrar, not ICANN.

I don’t think it’s a problem. That website no longer exists. Martin set up a thread specifically to discuss the matter. We’re not condoning or promoting what AllOfMP3.com may or may not have done.

I guess it's all a moot point since as you pointed out this is rarely something that reaches court. It's nearly always handled internally with ICANN/Nominet's dispute system and pretty much what they decide is the end of the matter either way. And of course .com will always be handled by ICANN and .uk will always be handled by Nominet (you should see the past thread I started this week on my Nominet problem).

Aubs

terriermama wrote: »

<snip>I have just received a demand from the IT manager of a known large company which has the same name as one of my domains</SNIP>

It may make things clearer if you could give an example (not the actuals) of the issue here.

e.g. you have Curries.co.uk which is like currys.co.uk (a legit company in the UK). then give the example "I have wool-worths.co.uk or woolworths.com"

May make the advice you are given a bit more meaningful.

Aubs

matttwine

if its a generic name like you say that is part of English language they cant do anything about it

Blacksheep1979

You freely admit you're not using the site - save yourself the hassle and legal problems and transfer it for a minimal fee. There is a fair chance that you will have the domain taken from you if its found to be similar enough to the company in question, this is even more likely to happen as you freely admit that you haven't used the domain for many years and have just had it 'parked'.