Why Online Ads Are Weathering the Recession
January 7, 2009
by Jeffrey F. Rayport
It hardly matters what sector of the economy you’re in—it’s none too soon for 2008 to be over. In the advertising business, the pain has proved especially acute, compounded by the latest estimates of where ad budgets are heading in 2009.
Just last week, Barclays Capital (BCS) lowered its projections for U.S. ad spending to a negative 10% next year and a positive 1% in 2010. Every one of the traditional media platforms is getting hit, with newspapers (no surprise) taking the brunt of the pressure, with a drop of 17%, followed by TV (minus 15.5%), magazines (minus 15%), and radio (minus 13%). While other researchers aren’t offering prophesies quite so dire, one thing is clear: This is already no typical ad recession. In 1991, ad spending dropped a mere 1.9% from the prior year, while in 2001 it fell only 6.2%.
The only bright spot this time is online advertising, which, despite a series of downward revisions, is still expected to grow between 6% and 10% next year over 2008 levels.
Verizon’s Cybersquatter Based in China
January 6, 2009
by Richard Adhikari
OnlineNIC, the cybersquatter against which telecommunications giant Verizon was awarded a record $33.15 million judgment recently, is one of the largest domain name registrars in China, InternetNews.com has learned.
According to the records of ICANN, the Internet Corporation for Assigned Names and Numbers, which manages the assignment of domain names and IP addresses for the Internet, OnlineNIC, headquartered in Xiamen, China, was accredited by ICANN on October 21, 1999.
The documents show that OnlineNIC has registered more than 300,000 domain names. ICANN did not return calls for comment by press time.
However, Verizon may not be able to collect on the judgment because it has not been able to locate any of OnlineNIC’s U.S. offices, although the company is registered in San Francisco.
He’s King of His Domain, But All Aren’t The Same
January 5, 2009
by Terence Brennan
Q. I own the copyright to a name for a news and information Web site. I own the .net domain, but someone else — using my copyrighted name — owns the .com domain. The owner of the .com is not using his domain and simply has it “parked.”
I asked the Web-hosting service to negotiate a sale for me, but the owner said he was not interested in selling. I have considered either billing the current owner for use or demanding the release of the domain.
Do I have any recourse, and, if so, would it be very expensive?
Read more (including the answer)…
Court Awards Verizon Largest-Ever Judgment In a Cybersquatting Case
December 24, 2008
BASKING RIDGE, N.J. – In the largest cybersquatting judgment ever, a federal court in the Northern District of California has awarded Verizon $33.15 million in a case in which an Internet domain registration company tried to take advantage of Verizon and Verizon customers by using Internet names chosen to be easily confused with legitimate Verizon names.
The default ruling came in a case filed by Verizon against OnlineNIC, a company based in San Francisco that had unlawfully registered at least 663 domain names that were either identical to or confusingly similar to Verizon trademarks. The court concluded that OnlineNIC’s bad-faith registrations of Verizon-related domain names were designed to attract web users who were seeking to access Verizon’s legitimate websites and calculated an award based on $50,000 per domain name. Neither OnlineNIC nor counsel representing the company appeared in court in OnlineNIC’s defense.
“This case should send a clear message and serve to deter cybersquatters who continue to run businesses for the primary purpose of misleading consumers,” said Sarah Deutsch, Verizon vice president and associate general counsel. “Verizon intends to continue to take all steps necessary to protect our brand and consumers from Internet frauds and abuses.”
Verizon has won a string of similar cases. In three earlier cybersquatting cases, courts granted contested preliminary injunctions against three different violators. Verizon has increased its vigilance in trademark cases as part of its broader effort to protect its brand and put its intellectual property innovations to work.
Verizon’s intellectual property legal group was named one of the five best in the world by the International Law Office, with the support of the Association of Corporate Counsel. The organizations named Verizon a winner in their Global Counsel Awards for 2008, based on an “in-depth analysis of in-house lawyers and legal departments worldwide.”
About Verizon
Verizon Communications Inc. (NYSE:VZ), headquartered in New York, is a leader in delivering broadband and other wireline and wireless communication innovations to mass market, business, government and wholesale customers. Verizon Wireless operates America’s most reliable wireless network, serving nearly 71 million customers nationwide. Verizon’s Wireline operations include Verizon Business, which delivers innovative and seamless business solutions to customers around the world, and Verizon Telecom, which brings customers the benefits of converged communications, information and entertainment services over the nation’s most advanced fiber-optic network. A Dow 30 company, Verizon employs a diverse workforce of more than 228,000 and last year generated consolidated operating revenues of $93.5 billion. For more information, visit www.verizon.com.
Media Contact:
Eric Rabe, 908-559-3500
US Department of Commerce Expresses New TLD Concerns To ICANN
December 20, 2008
by Adam Strong
The US Department of Commerce’s National Telecommunications and Information Administration sent a letter to ICANN expressing concern over the plans to introduce new TLDs.
Vulcan Golf v. Google Class Certification Denied
December 19, 2008
By Eric Goldman
Yesterday, the court ruled on class certification, and perhaps not surprisingly, the court denied certification – giving Google and the other defendants an early Christmas gift. Happy holidays! This ruling doesn’t completely squelch the lawsuit, but without class certification, the case becomes a whole lot less interesting to the plaintiff’s lawyers.
ICANN’s Revamped Whois Inaccuracy Reporting System Goes Live
December 19, 2008
Marina del Rey, CA – ICANN’s redesigned system for receiving reports of inaccurate domain name registration data has gone live today.
The Whois Data Problem Report System (WDPRS) has a number of advantages over the previous system, which was first introduced in 2002. Among them are:
- More detailed information is captured from complainants to assist registrars in investigating Whois inaccuracies
- Duplicate reports regarding the same domain name are not accepted by the system
- Reports concerning domains already on hold are removed
- Greater capacity has been introduced to allow for bulk submissions of reports
- Processes have been put in place to assess registrar compliance with RAA Whois inaccuracy investigation requirements
The revamped WDRPS can be found at http://wdprs.internic.net/.
Background:
The WDPRS allows the public to file reports of Whois inaccuracy regarding active domain names. The WDPRS transmits Whois inaccuracy reports, via email, to the sponsoring registrars for investigation as required by Section 3.7.8 of the Registrar Accreditation Agreement (RAA) http://www.icann.org/en/registrars/ra-agreement-17may01.htm.
In 2002, ICANN developed the WDPRS to improve Whois data accuracy and to assist registrars in carrying out their responsibility to take reasonable steps to investigate Whois inaccuracy claims. Although significant system enhancements were made over the past six years to address community needs, a more comprehensive system redesign was determined necessary to realise the system objectives. This new software system also allows ICANN to make future enhancements quickly to respond to community needs.
Since its implementation in 2002, ICANN has seen a significant rise in the number of Whois inaccuracy reports filed through this system. In 2002, approximately 24,000 Whois inaccuracy reports were filed using the WDPRS. In 2008, over 200,000 reports have been filed since 1 March 2008
In an effort to improve Whois accuracy, registrar compliance with RAA investigation requirements, operational effectiveness, data processing, data recovery, and increase data capacity, ICANN commenced WDPRS redesign plans earlier this year. In consultation with the Intellectual Property Constituency, the Registrar Constituency and other community members, ICANN redesigned the system.
Through the redesigned WDPRS, ICANN seeks to address concerns raised by the Internet community regarding system irregularities, the filing of irrelevant claims and insufficient data capacity. ICANN conducted beta testing with external constituencies to ensure operational functionality and usability of the system prior to launching the redesigned WDPRS. ICANN encourages the Internet community to provide comments to ensure the continual improvement of the WDPRS.
Please submit comments at wdprs-comments@icann.org. Comments may be viewed at http://forum.icann.org/lists/wdprs-comments/.
Alias Encore, Inc. Appoints Graham MacRobie as CEO
October 20, 2008
FOR IMMEDIATE RELEASE:
Aliso Viejo, CA (October 20, 2008) – Alias Encore, Inc. announced today that it has appointed Graham MacRobie as President and CEO. MacRobie brings 16 years of entrepreneurial, technical, and general operations skill to lead the company. Previously, MacRobie was President and CEO at CitizenHawk, Inc.
“I’m very excited to join Alias Encore,” said MacRobie. “There’s tremendous market opportunity here and the company is well positioned to capitalize on it. I’m particularly enthusiastic about working with a company that values ethical behavior – a real breath of fresh air in this industry.”
MacRobie’s background includes significant technical expertise and senior leadership roles at other high-tech startups. He has designed numerous enterprise-class systems, including automated systems to detect fraud as well as practical business processes for large-scale fraud management. The company expects MacRobie’s experience and contacts in the industry to be especially helpful as the company grows rapidly.
About Alias Encore, Inc.
Alias Encore is squarely focused on helping companies increase highly qualified traffic to their websites through the strategic acquisition of misspelled domain names. It is no longer sufficient for a company to own only the domain name that exactly matches their trademark. This is because significant revenues are being surreptitiously diverted to competitors through literally millions of “typosquatting” sites that seek to improperly capitalize on the accidental keystrokes of unsuspecting Internet users. Alias Encore puts a stop to this domain name fraud, dramatically increasing revenues as a direct result.
Alias Encore was founded in 2008 and is privately held. The company’s headquarters are in Aliso Viejo, California. For more information, please visit http://www.aliasencore.com.
CONTACT:
Media Relations
Alias Encore, Inc.
(866) 608-8202 phone
(866) 810-7656 fax
media@aliasencore.com
http://www.aliasencore.com
Cybersquatters Infringed Anheuser-Busch and Patrick Dempsey Trademarks, We The People LLC Denied Domain Name Rights
October 14, 2008
MINNEAPOLIS, MN (October 14, 2008) – The National Arbitration Forum domain name dispute resolution program recently handed down decisions regarding the rights to BudRacing.com, BudweiserRacing.com, Patrick-Dempsey.org, and WeThePeople.com. Decisions are made by independent and neutral arbitrators on the National Arbitration Forum Panel in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN).
“At a time when court dockets are overcrowded and attorney fees are increasingly unaffordable, the National Arbitration Forum domain program offers parties the best option for speedy and cost-effective dispute resolution,” said Kristine Fordahl Dorrain, Internet Legal Counsel.
BudRacing.com and BudweiserRacing.com
Claiming two domain names infringed on its trademarks, well-known beer brewing company Anheuser-Busch filed a claim with the National Arbitration Forum on July 8, 2008. The National Arbitration Forum arbitrator found Pen Media LLC to be the current owner of BudRacing.com and BudweiserRacing.com, the domains in question.
The issue of whether each domain was identical or confusingly similar to the BUD or BUDWEISER mark was found in Anheuser-Busch’s favor. The arbitrator found Pen Media evidenced no legitimate use of either domain. In fact, both websites were used to attract traffic from Internet users “looking for Complainant’s famed or well known marks by themselves or in connection with sports events such as motorcycle and/or car racing.” Evidence showed the domains were registered and used in bad faith to profit from the goodwill of the trademarks.
Both BudRacing.com and BudweiserRacing.com were ordered to be transferred to BUD and BUDWEISER trademark owner Anheuser-Busch on August 21, 2008.
Patrick-Dempsey.org
On August 1, 2008, Grey’s Anatomy television star Patrick Dempsey filed a claim for rights to Patrick-Dempsey.org against domain name owner Jennifer Frisby.
Mr. Dempsey claimed the domain was identical to his trademark PATRICK DEMPSEY. Upon review the National Arbitration Forum arbitrator agreed, noting the domain “contains Complainant’s mark in its entirety.” Further, the arbitrator ruled Ms. Frisby had no rights or legitimate interests in the website. While she used the domain as a fan site, the arbitrator found she profited from Patrick-Dempsey.org via pay-per-click ads. This proved the domain was being used in bad faith.
Accordingly, the arbitrator found Complainant satisfied all three required elements of the UDRP policy. Patrick-Dempsey.org was ordered to be transferred to Patrick Dempsey on September 5, 2008.
WeThePeople.com
On July 23, 2008, legal document service provider We The People LLC filed a complaint electronically with the National Arbitration Forum against the registered owner of WeThePeople.com. Respondent Michael C. Mason, of Essentia Legal P.C. requested a three-member Panel be appointed to the case.
The Panel found We The People’s trademark to be two-fold, consisting of the WE THE PEOPLE text and a design, and ruled the domain name was not identical or confusingly similar to the mark because it was not reflected in its entirety. Further, Mr. Mason submitted evidence demonstrating his intent to establish the website for the discussion of political issues and current affairs. Panelist Bernstein dissented from the Panel with regard to its holding on the first two elements though agreed with the last. The entire Panel agreed We The People had not proven Mr. Mason registered or used the domain in bad faith.
As such, the Panel denied transfer of WeThePeople.com on September 19, 2008.
To file a claim see http://www.domains.adrforum.com. Questions regarding domain name dispute resolution or e-commerce arbitration may be directed to domaindispute@adrforum.com. Media please contact Christina Doucet at 952-516-6486 or media@adrforum.com.
About the National Arbitration Forum (FORUM)
Based in Minneapolis, Minnesota, United States, the National Arbitration Forum is an international leader in arbitration and mediation services. An innovator in the industry, the National Arbitration Forum was appointed an approved provider of the Uniform Dispute Resolution Policy (UDRP) by the Internet Corporation of Assigned Names and Numbers (ICANN) in 1999. Since then, over 10,000 domain name disputes worldwide have been filed through the National Arbitration Forum’s state-of-the-art case management system, now optimized by Forthright. For more information, visit http://www.domains.adrforum.com.
More information about the decisions can be found at:
http://domains.adrforum.com/domains/decisions/1214253.htm
http://domains.adrforum.com/domains/decisions/1218786.htm
http://domains.adrforum.com/domains/decisions/1217134.htm
Media Contact
Christina Doucet
media@adrforum.com
952-516-6486