2014-02-11

Court Says gTLDs Are Not Domain Names for Cybersquatting Purposes

More ICANN engendered commercial chaos and confusion -- see comment, case, and LRO decision below:

"A bummer for the Swiss Del Monte entity—after sinking a bunch of time and money into the application process, it is left with a decision unreviewable by US courts. (Interestingly, the court did not discuss diversity jurisdiction as a possibility. That seemed like a possible option. Also, the Swiss entity could nevertheless try to proceed in state court but to the extent it prevails, enforcement does not sound like it will be easy." (source: Court Declines to Review LRO to [.delmonte], Saying gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes | Technology & Marketing Law Blog )

Case citation: Del Monte International GMBH v. Del Monte Corp., 2014 WL 492960 (C.D. Cal. Feb. 8, 2014)

LRO (Legal Rights Objection): 
http://www.wipo.int/export/sites/www/amc/en/domains/lro/docs/lro2013-0001.pdf




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