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Posts from — April 2012

5 ISP’s In Britian Are Ordered To Shut Down The Pirate Bay

The High Court in England ruled today that 5 of the UK’s largest internet service providers (ISP’s) have been ordered to prevent their subscribers from accessing the file-sharing website The Pirate Bay.

The five ISP’s are Sky, Everything Everywhere, TalkTalk, O2 and Virgin Media.

According to, blocking will “come into place over the course of the next few weeks”

“The High Court has confirmed that The Pirate Bay infringes copyright on a massive scale. Its operators line their pockets by commercially exploiting music and other creative works without paying a penny to the people who created them. This is wrong — musicians, sound engineers and video editors deserve to be paid for their work just like everyone else”

Of course this sets a precedent that ISP’s can be order to block access to other sites in the future…

April 30, 2012   No Comments

Hermes Gets $100 Million Dollar Damage Award Against 34 Sites Selling Fake Goods & Judge Orders De-Indexing

According to, A Federal Court in New York just awarded Hermes International $100 million dollars in damages against 34 websites that sold fake copies of its goods.

The fake goods were for “at least nine Hermes products including Birkin and Kelly handbags, wallets, watches, belts and jewelry”.

Some of the websites were:



“If plaintiffs discover new domain names registered by the defendants containing one or more of the Hermes trademarks or marks confusingly similar thereto plaintiffs may bring the additional infringing domain names to the court’s attention,” Cote said.

The court also ordered that any money held by PayPal Inc. to be given to Hermes and ordered Internet Service Providers (ISP’s) and merchant account providers, as well as third-party processors and search engines including Google Inc., Microsoft Corp.’s Bing and Yahoo! Inc., to immediately stop providing services to the defendants or links to their sites.

The judge also directed social media companies including Facebook Inc. and Twitter Inc. to “de-index” and remove from any search pages links to the infringing defendants.

The order to the search engines and to the social networking companies to de-index the sites is an interesting one.

The case is Hermes International v. John Doe, 12-CV-1623, Southern District of New York.…

April 30, 2012   No Comments

ICANN Eliminates Friday Public Board Meeting At Future Conferences

According to a new announcement starting with the June ICANN meeting ICANN is eliminating the Board meeting typically held on the last day of the conference, Friday which includes committee reports and the public Board meeting.

In some past conference the Friday Board meeting have been kind of exciting with voting on .XXX and the new gTLD program hanging in the air.

But at the last ICANN conference in San Jose the Friday Board meeting was completely uneventful.

I guess this means is that the ICANN conference will now close on Thursday rather than Friday

Here is the announcement:

“In our ongoing efforts to improve the ICANNMeeting experience for all participants, we are implementing some changes for the June meeting in Prague.The Friday morning program, which in the past has comprised AC/SO committee reports, Board committee reports, and the public Board meeting, has been removed.

AC/SO committee reports and Board committee reports will now be published for review on the ICANN website.

The public Board meeting has been replaced with a one-hour session following the Public Forum on Thursday afternoon. In this session the Board will outline what they have heard during the week from their meetings with AC/SOs and their constituent parts and will identify those matters they expect to be dealing with between the Prague and Toronto Meetings.

The close of this session (expected to be around 18:00) will mark the official end of the ICANN meeting and will be immediately followed by a two-hour farewell reception for all ICANN Meeting participants.

It is intended that at the beginning of the Toronto meeting there will be a Board community session where the Board will report to the community on what they have dealt with since Prague.

We believe that the removal of the Friday public Board meeting and its replacement with two Board community sessions will improve the effectiveness of both the Board and the staff and increase the time that the Board has to interact with the community.

We hope you find these changes also make more effective use of your time and enhance the overall ICANN Meeting experience. The Public Participation Committee will hold a public session in Toronto to discuss and review them.”

April 30, 2012   No Comments

TAS Still Closed at ICANN

27 April 2012

ICANN will notify all applicants within the next seven business days whether our analysis shows they were affected by the technical glitch in the TLD application system.

In order to make these notifications, we are identifying each applicant file name and user name that might have been viewed, and who might have viewed them. To do that, we are reviewing internal system logs and full packet-level capture of all traffic to and from the application system from 12 January through 12 April.

Our analysis continues to show that a limited number of applicants were affected.

Shortly after the notification process has been completed, we will announce the schedule for reopening the application system and completing the application period. We are mindful of the need to allow sufficient time during the reopening period for applicants to confirm the completeness of their submissions.

We are also continuing to test the fix and enhance system performance in preparation for reopening.

We fully understand the frustration and inconvenience caused by the continuing suspension of the application system and will provide further updates as new information becomes available.


April 30, 2012   No Comments Gets Hit With 3rd UDRP In A Week With Visible just got hit with another UDRP this time on the descriptive term

The complainant this go around is the worldwide cosmetic brand of Elizabeth Arden which uses the term for a skin care product.

The domain name is parked and pulls up results for anti-aging skin products and other skin cremes.

However I couldn’t find a Trademark in the USPTO for the term registered to Elizabeth Arden. I did find a Trademark on the term that belongs to Eli Lilly for a skin cream. There are also multiple trademarks for the term “The Visible Difference”

A quick Google search turned up results for other companies in the skin care industry using the same term like,,, and none of which are parked pages but what appear to be companies selling services and products in the same field as Elizabeth Arden.

This begs the question of what is worse for a brand owner, a parked page full of ads for skin products or business that are actually in the business of skin care that are using the trademarked term but do not appear to even sell the product.

Also I wonder if there is any defense available based on Elizabeth Arden apparent allowance of all of these other uses in the same industry of the term without objection (if that is the case)

This is the third UDRP on a domain name in a week. was lost last week and a UDRP was filed last week on another descriptive term,

April 30, 2012   No Comments

Demand Media Jumps 40% In Pre-Market

Following the story this weekend that Demand Media, Inc. (DMD) turned down an offer of $1.2 Billion dollars a 100% premium to its closing price of Friday, it looks like Demand is going to open Way up this morning.

In pre-market trading shares of Demand are up almost 40% currently at $9.95 a gain of $2.70 from Friday’s close.

We will let you know later today how the stock fared.


April 30, 2012   No Comments With 8.5 Million Visitors a Month Hits The Sales Block

The category killer domain name is hitting the sales block. is being brokered by, and according to its press release has an Alexa Traffic Rank just above 700.

“ currently hosts a fully-featured online publishing platform that launched in January 2010 with great success.”

“Immediately, the site attracted upwards of 3 million unique monthly visitors and, since then, has grown exponentially. In March 2012, welcomed more than 8.5 million visitors that accounted for more than 19.3 million page views.”

“The entire site and its current infrastructure, including its user database, blog database, current software and media data, will be sold along with the domain name.”

“To see how popular the word ‘blog’ is, take a look at the Google AdWords tool — there are more than 151 million searches for the word every month”

Also there is very likely to be a new gTLD application for .blog which many believe will increase the value of the .com.

No price range was mentioned.…

April 30, 2012   No Comments

WIPO Domain Name Decision D2012-0400 for

WIPO Domain Name Decision for

April 30, 2012   No Comments

WIPO Domain Name Decision D2012-0380 for

WIPO Domain Name Decision for

April 30, 2012   No Comments

WIPO Domain Name Decision DAE2011-0002 for

WIPO Domain Name Decision for

April 30, 2012   No Comments