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In This Issue

Kellogg North America Company v.Kellogg N.A. c/o Gregor

EV SSL Certificates Aid Businesses in Combating the Threat of Phishing Attacks

MySpace Selects Harvard Scholars to Lead Task Force on Internet Safety

Land-rush for the .asia Domain Name Suffix Begins

Recent Decisions

Anthony Kim v. Jang Lee

Complainant, Anthony Kim, brought a UDRP claim against Respondent, Jang Lee, for the <anthonykim.com> domain name. The Panel found Complainant, a professional golfer, had developed common law trademark rights in his name. Respondent contended that he planned to take "Anthony" as his first name and change his last name to "Kim," a family name, when he obtained United States citizenship. The Panel found Respondent did not have rights or legitimate interests in the disputed domain name, as he had no immediate proof of a legal right to the name Anthony Kim. In addition, the Panel found that Respondent registered the disputed domain name in bad faith because he registered it immediately after Complainant achieved amateur and professional golfing recognition. Therefore, the Panel ordered the transfer of the <anthonykim.com> domain name to Complainant. Kim v. Lee, FA 1126673 (Nat. Arb. Forum Feb. 13, 2008).

Kellogg North America Company v. N.A. c/o Gregor

Complainant, Kellogg North America Company, brought a UDRP claim against Respondent for the <eggo.com> domain name. Respondent used the disputed domain name in connection with his business "Eggo Innovation Consultants Sociedad Limitada," located in Spain, and argued that although he had lived in the United States, he was unaware of Complainant's Eggo Waffles because he did not eat frozen foods. The Panel found this contention credible, and concluded that Respondent had rights or legitimate interests in the <eggo.com> domain name because Respondent presented a plausible rationale for selecting the name "Eggo." The Panel also found Respondent did not register or use the disputed domain name in bad faith because he was unaware of Complainant's EGGO mark when he acquired the disputed domain name and was not using the disputed domain name in competition with Complainant or to attract Internet users to his site for commercial gain. Therefore, the Panel declined to transfer the <eggo.com> domain name from Respondent to Complainant. Kellogg N. Am. Co. v. N.A., FA 1122969 (Nat. Arb. Forum Feb. 14, 2008).

Council for Refractive Surgery Quality Assurance v. Brent Hanson

Complainant brought a UDRP claim for multiple domain names incorporating Complainant's USAEYES mark, which it uses in connection with the evaluation of eye surgeons and eye surgery techniques. Respondent was using the disputed domain names to operate websites critical of Complainant. The Panel found that Respondent did not have rights or legitimate interests in the disputed domain names because Respondent did not add any adornment to Complainant's mark to indicate the website was a criticism site. Finally, the Panel found that Respondent's use of Complainant's mark without further adornment with the purpose of causing damage and disruption to Complainant's business was evidence of bad faith registration and use under Policy ¶ 4(a)(iii). Therefore, the Panel ordered the transfer of the disputed domain names from Respondent to Complainant. Council for Refractive Surgery Quality Assurance v. Hanson, FA 1118174 (Nat. Arb. Forum Feb. 7, 2008).

Morris Publishing Group, LLC v. SK*RT and Gabby Blair

Complainant, a magazine publisher, brought this UDRP claim against Respondent for the <sk-rt.com> domain name. Although Complainant had registered the SKIRT mark with the USPTO, establishing rights to the mark under Policy ¶ 4(a)(i), the Panel found that Respondent was commonly known by the <sk-rt.com> domain name and thus had rights or legitimate interests in the disputed domain name. In addition, the social networking and media ranking services on Respondent's website did not compete with Complainant's magazine business. The Panel concluded that the generic term "skirt" could be used in many ways, and Respondent's use of the term in the <sk-rt.com> domain name was not a violation of Complainant's trademark rights. The Panel thus denied transfer of the disputed domain name to Complainant. Morris Publ'g Group, LLC v. SK*RT, FA 1110912 (Nat. Arb. Forum Feb. 7, 2008

Solstice Marketing Corporation v. GreenTree Hosting, LLC

Complainant brought this UDRP claim in response to Respondent's registration and use of the <solsticewear.com> domain name. Respondent alleged that it was using the disputed domain name to host a website dedicated to the Pontiac Solstice automobile, specifically to sell baseball hats, t-shirts, and sweatshirts displaying the word "solstice." The Panel found this alleged commercial use to be unconvincing in establishing any rights or legitimate interests in the <solsticewear.com> domain name. The Panel also concluded that it was unlikely that Respondent registered the disputed domain name without knowledge of Complainant's similar website at the <solsticestores.com> domain name, where it marketed sunglasses under the SOLSTICE mark. The Panel therefore ordered the transfer of the <solsticewear.com> domain name from Respondent to Complainant. Solstice Mktg. Corp. v. Green Tree Hosting, LLC, FA 1124299 (Nat. Arb. Forum Feb. 8, 2008).   

World Wide Commerce Corporation v. WebContents, Inc

Complainant, World Wide Commerce Corporation, brought a complaint for the <worldwidecommerce.com> domain name. Since 1996, Complainant has offered Web hosting and other Internet services using the disputed domain name. Due to a faulty auto-renew system, Complainant inadvertently failed to renew its registration of the <worldwidecommerce.com> domain name, and the registration lapsed. Respondent then purchased the disputed domain name at an auction for $41, and attempted to sell it for a price in excess of this purchase price. Respondent contended that the disputed domain name was intended to be used for an interactive social networking site. The Panel found that these purported intentions were not supported by sufficient evidence and concluded that Respondent had not established rights or legitimate interests in the disputed domain name. Accordingly, the Panel ordered the transfer of the <worldwidecommerce.com> domain name to Complainant. World Wide Comm. Corp. v. WebContents, Inc., FA 1124467 (Nat. Arb. Forum Feb. 13, 2008).

E-PRACTICE

EV SSL Certificates Aid Businesses in Combating the Threat of Phishing Attacks

In this age of Internet commerce, there are many data security concerns, not least of which are the rise in "phishing" attacks. Phishing occurs when third parties attempt to fraudulently obtain Internet users' personal or confidential information, such as bank account or social security numbers. These third parties often seek to capitalize on Internet users whom have inadvertently misspelled a domain name and are subsequently diverted to a fraudulent website that mimics a legitimate website's characteristics. In light of this danger, Extended Validation Secure Socket Layer ("EV SSL") certificates have drawn increased attention in the Internet security spotlight, especially in an attempt to prevent phishing attacks.

Secure Socket Layer ("SSL"), sometimes referred to as "Transport Layer Security," is an Internet protocol which essentially allows the server and the Internet user to ensure that all communication between the two remains private and authentic. SSL certificates refer to the identity authentications sent between the server and Internet user. Thus Extended Validation SSL certificates represent the next generation of these protocols, designed to augment website and Internet communication security.

A survey by Netcraft notes that the use of EV SSL certificates as a method to enhance consumer confidence in e-commerce has seen steady and substantial growth over the past year. However, it is interesting to note that three of the five websites that have used EV SSL certificates for one year were themselves operated by certificate authorities. Nonetheless, several financial institutions, including an Internet bank and an online tax filing service, now utilize this technology to foster trust and confidence with Internet customers. Even non-financial organizations such as Scribendi Inc., an online editing service, have begun utilizing the EV SSL certificates as a way to bolster the confidence of authors, screenwriters, and academics, when entrusting their intellectual property with the Internet company. Terry Johnson, Scribendi's vice president of technology, noted that after implementing EV SSL certificates, Scribendi's conversions went up 27 percent.

Several major Internet browsers have released updates to better accommodate the use of EV SSL certificates. Microsoft has signaled that Internet Explorer 7 recognizes EV SSL protection. Mozilla Developer Center has also announced that the latest edition of its Firefox web browser will utilize the certificates to protect its Internet users.

EV SSL certificates are obtainable through VeriSign, Comodo, GlobalSign, DigiCert, and numerous other Internet security providers. Once acquired, the EV SSL certificates will cause the address bar within an Internet browser to light up green, indicating to Internet users that they have indeed reached their desired website, and not a fraudulent imitator. Businesses of all kinds may find that this latest effort will not only protect current client information and improve confidence in Internet operations, but also attract new customers seeking assurances of web-based transactional security.

In The News

Russia Corners Spam Market

Techworld.com, February 11, 2008: Based on the 2007 spam report created by Sophos Q4, Russia's production of global spam has risen dramatically in the past year, putting it in a solid second place to the United States for overall production. By the fourth quarter of 2007, Russia was responsible for 8.3% of all spam sent, up from 3% in the first quarter. Sophos indicated that the numbers were not without flaws: Russia's spam production includes all the spam produced in the country, which may include compromised PC bots programmed from outside Russia. Spam is not the only cybercrime prevalent in Russia; other Internet crimes, including malware and exploits, are well-known as originating from the infamous Russian Business Network, which supposedly went out of business late last year. Over 21% of all spam in 2007 originated in the U.S., with China in third place behind Russia with 4.2%. However, statistics indicate that the U.S.'s spam production is declining, while that of other countries is rising at enormous rates. Link to Full Story

Network Solutions Involved in Lawsuit over Controversial Policy

DailyTech.com, February 27, 2008: A law firm representing search engine expert Chris McElroy, and others who hope to attain class action status, has named domain registrar Network Solutions, Inc. on a list of defendants in a lawsuit for its "domain locking" practices. When an Internet user searches for an available domain name with Network Solutions, that domain name is then locked for four days, ensuring that it can only be purchased through Network Solutions, which charges a higher registration fee than competing registrars. Network Solutions has come under fire for this practice in the recent past; it claims its practice is meant to prevent "domain tasting," in which a registrant can test a domain name to see if it is profitable, then return any "duds" for a full refund before the expiration of the grace period. McElroy contends Network Solution's policy of "domain locking" is fraudulent in that it creates a temporary monopoly in favor of itself. ICANN has also been included as a defendant in the suit for encouraging the practice by maintaining the grace period during which domains can be "tasted." Opponents of Network Solutions' practice claim that it hinders their ability to register a desired domain name with an alternative registrar, many of which charge a much lower premium. Link to Full Story

Typosquatting Affects E-mail Security

SecurityFocus.com, February 10, 2008: Once seen only as an annoying website issue, security experts are now warning that typosquatting, which involves registering common misspellings of domain names, could also lead to security issues with e-mail domains. Security firm Symantec informed those in attendance for this year's Black Hat DC 2008 conference about how typosquatting affects e-mail messages. Oliver Friedrichs, the director of emerging technologies at Symantec, told attendees: "If someone sends an e-mail to that company, and makes a typo, the owner of the (fraudulent) domain is going to get the information." Friedrichs conducted a study in which he registered 124 domain names consisting of common misspellings of the primary domains of current U.S. presidential candidates; he found that over 1,000 e-mails were sent to the misspelled domain names. Currently, the best advice for a large organization is to register as many common misspellings of its domain name as possible to prevent this form of cyber-crime.  Link to Full Story

MySpace Selects Harvard Scholars to Lead Task Force on Internet Safety 

Siliconvalley.com, February 28, 2008: A task force run by leading Internet scholars at Harvard University's Berkman Center for Internet and Society will investigate how to protect young people from sexual predators, online bullying, and pornography on MySpace and other popular online social networking sites. The creation of the Internet Safety Technical Task Force is part of an agreement with MySpace and the attorneys generals of every state, save Texas, and will be comprised of leading Internet service companies such as Facebook, Google, Microsoft, Yahoo, and AOL, along with several child-safety nonprofit groups. Though the group was selected and created by MySpace, the task force will run independently of MySpace operations, and its nonbinding recommendations will be available industrywide. One of the task force's main goals is to analyze procedures for verifying users' ages for viewing online content. While the group will provide quarterly reports to the attorneys general, a full public report is expected in about a year. Link to Full Story

Cyber-Security Plan Puts Privacy into Question

Washingtonpost.com, February 29, 2008: President Bush's effort to secure federal computer networks from hackers and foreign adversaries has raised concerns among house lawmakers. A portion of the project, named the "cyber initiative," is aimed at reducing the number of connections between the federal agency networks and the Internet, and monitoring closely any type of inappropriate activity on those active networks. The problem that lawmakers have with the project is that the Bush Administration has not said how far the monitoring and oversight of the networks would actually go, possibly interfering with the privacy of the general public. Department of Homeland Security Undersecretary Robert Jamison stated that real-time scrutiny of federal data flows is necessary because "our adversaries are very adept at hiding their attacks in normal everyday traffic." He added that they are developing privacy impact assessment on the new capabilities, which will be open for public viewing upon its completion. Link to Full Story

Land-rush for the .asia Domain Name Suffix Begins

BBCnews.com, February 21, 2008: DotAsia, the organization overseeing the registration of the new .asia domain name suffix, is expecting a huge demand for the first domain name extension for the Asia Pacific region. Although the new suffix increases opportunities for people in the region to have their own domain names, it has also created a whole new world for cybersquatters to try to profit. To help combat cybersquatting, DotAsia implemented a sunrise period where companies could reserve domain names to match their trademarks before the .asia domain names were available to the general public. The process has now been opened up for anyone to register, and the first .asia domain names will go into action in March. In addition to the sunrise period, DotAsia also set up certain rules to limit cybersquatting and arguments over domain names. These rules require that companies seeking .asia domain names be registered in the Asia/Pacific region; if there are any conflicts of interest over particular domain names, those domain names will be auctioned off to the highest bidder. While Internet users in the Asia Pacific region are excited about the opportunities associated with the new .asia domain, some in the industry are concerned about the problems associated with more domain suffixes, including cybersquatting and online speculating. Link to Full Story

PROCEDURAL UPDATES

Domain names registered in the .asia landrush may be subject to the UDRP.  As an ICANN-accredited UDRP Provider, complainants may bring UDRP complaints to the National Arbitration Forum for .asia domain names.

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Note: The information found in this newsletter is designed to provide accurate and authoritative information regarding the subject covered, but is not intended as legal advice.