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Internet Commerce Association

ICA Issues Important Statement Following Devex.org UDRP Decision

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Zak Muscovitch, interim General Counsel of the Internet Commerce Association (ICA), took the rare step of issuing a statement on behalf of the ICA following a controversial UDRP decision that could impact future UDRP decisions should the same wrong approach be applied. You'll want to read the ICA's statement on CircleID urging UDRP panelists to follow the policy rather than seemingly set their own guidelines. The Devex.org decision could be one cited by future complainants, and I am glad to see the ICA call it out.

For domain investors, the most concerning aspect of the decision can be found in the section discussing registration and use in bad faith. The decision states:

"Respondent’s apparent belief at the time it registered <devex.org> that someone, at some time in the future, might cultivate trademark rights in DEVEX which Respondent could then exploit obviates any requirement that to succeed under the UDRP the respondent must have contemplated a particular trademark holder and/or a particular trademark."

What this seems → Read More


Phil Corwin Takes Job at Verisign

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When the Internet Commerce Association announced that Phil Corwin was leaving the organization last week, I was unsure what he would be doing upon his departure. The ICA didn't announce Phil's career plans, and I figured we might hear from Phil via a LinkedIn update or something along those lines to learn why he left the ICA.

This afternoon, Phil announced that he will be working at Verisign, Inc. as its Policy Counsel. The news was announced via tweet:




This seems like an important role at the publicly traded company, and Phil's connections and knowledge of the industry should be a big help for him and for Verisign. I (more…) → Read More


Phil Corwin Leaves the ICA

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The Internet Commerce Association (ICA) just emailed its membership to notify them that longtime ICA Counsel Phil Corwin is leaving the organization to pursue another opportunity. Taking his place as Counsel on an interim basis is intellectual property (and domain industry) attorney Zak Muscovitch.

Commenting on Phil’s departure, the ICA shared the following with its members (I received permission to publish this):

"While no one can replace Phil, we will look for new counsel with particular strengths in the priorities we see ahead of us in our second decade. We see the next 18-24 months as critical for the domain industry. In the policy arena there are ongoing initiatives that have the potential to dramatically impact our ability to protect our assets and conduct business. There are large, well-funded and determined players working to change domain intellectual property law in ways that could dramatically impact our community. The ICA has been working for months to develop a comprehensive long-term strategy to counter these → Read More


ICA Seeking Nominees for 2018 Lonnie Borck Memorial Award

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Last year, the Internet Commerce Association (ICA) honored the memory of Lonnie Borck by naming an industry award in his memory. The Lonnie Borck Memorial Award is given each year to recognize an individual or organization for extraordinary efforts in championing the rights of domain name owners. The inaugural recipient in 2017 was David Weslow of Wiley Rein.

This year, the ICA is opening up the nomination process to the entire domain name industry. Domain investors and others who are active in the business of domain investing are invited to submit a nomination.  The ICA Leadership team will create a committee to review the nominations and the committee will select 3 nominees. ICA members will be polled to select the winner of the award from the nominees.

If you know someone who you believe is deserving of the award, please submit a nomination. Submissions should (more…) → Read More


ICA Successfully Advocates to Discredit the Dangerous Retroactive Bad Faith Theory Under the UDRP

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Let's say you register a domain name today. You've done your due diligence, and you see there aren't any companies that use the keyword(s) in your domain name as a trademark or for their brand name. A few years from now, some company launches with its brand matching your domain name.

The company now wants your matching domain name, but they don't want to pay you for it – they want to take it from you. Until recently the company could file a UDRP complaint seeking the transfer of your domain and reasonably hope to succeed in being awarded your domain by the UDRP panel. The company would rely on a fringe interpretation of the UDRP known as "Retroactive Bad Faith" (RBF) that some panelists used to justify the transfer of long registered domain names to owners of trademark rights that arose since the domain was registered.

RBF had been cited in a number of UDRPs. One particular case that stands out is the UDRP for Camilla.com. Here's what Andrew Allemann wrote about that UDRP decision, which ended in a transfer ruling in favor of → Read More


Join The ICA for an Exclusive Dinner at NamesCon

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Foundation Room

There are just a handful of tickets left for the Internet Commerce Association's exclusive dinner at NamesCon. The dinner is on Monday, January 23, at The Foundation Room at the House of Blues, located in the Mandalay Bay Hotel. It starts at 6:45 pm, before Uniregistry's After Hours Party at Hakkasan nightclub, at the MGM.  The Foundation Room looks like a pretty incredible place and there will be lots of good food and an open bar.

The Internet Commerce Association is the lobby and industry association for the Domain Name investment community. Only 100 tickets were available, and ICA members were offered them first, but non-members can still get the remaining handful of tickets by signing up and paying the ticket price of $100, here via EventBrite.

Moreover, anyone who joins the ICA from now until the dinner, will get the dinner entirely for free, subject to ticket availability. Just contact the ICA's Operations Manager, Kamila Sekiewicz to make arrangements, or join the ICA as a member and the ICA will contact you.

In → Read More


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