[At-Large] 9th Circuit Court ruling on ICANN Contract.

[Derek Smythe]

And how would you do that under the UDRP, Avri?

I can see Mattel trying it, but not you. Even then Mattel would have 
to prove bad faith usage of the name. However consider that "doll" may 
mean many things. "Barbie" may be the claimed host master. In fact 
Barbie is a common form of Barabara, which was indeed the orgins of 
the Barbie in Barbie Doll.

As for fraud statutes, that may be a bit more difficult. Which 
country's statutes? What if the website is hosted in a country that 
has no respect for copyright issues, likewise the registrar? Yet we 
are seeing this every day and very deliberately so.


On 2010/12/19 21:37, Avri Doria wrote:
> Hi,
>
> This is alternately called Intermediate Liability Protection which many of us believe is an essential component of most Internet Freedoms, and therefore something that needs to be protected.
>
> Your use of barbiedolls.com issue should be handled under normal fraud statutes using due process and under UDRP etc...
>
> a.
>
>
>
> On 19 Dec 2010, at 13:19, Bill Silverstein wrote:
>
>> The 9th circuit has ruled that the section 3.7.7.3 of the
>> registrar/registrant contract has no meaning. This is a result of the no
>> third party beneficiary provision of section 5.10 of the contract.
>>
>> This not only eliminates the issue for spam liability, but the issue for
>> copyright or trademark infringement. Under the 9th circuit interpretation,
>> I can use domains by proxy to hide my identity when I register and profit
>> from barbiedoll.com to host pirated movies, despite being provided this
>> evidence, that Domains has no requirement to disclose this information.
>>
>>
>> http://www.scribd.com/doc/45487838/Balsam-v-Tucows-No-09-17625-9th-Cir-Dec-16-2010
>>
>>
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