Changes

On January 10, 2012, Senior District Judge Royal Ferguson of the Northern District of Texas issued his final ruling reversing the decisions of the WIPO under the UDRP on all cybesquatting cases filed by the original registrant of 22 domain names (Receivers) as early as 2010. Judge Ferguson ordered the domain names publicstorge.com, pulicstorage.com, puplicstorage.com and aplle.com; which had been transferred to the companies Public Storage and Apple Inc. respectively shall be transferred back to the Receivers. He also ordered the Australian based registrar Fabulous.com to disregard the default transfer ruling of the UDRP for all the remaining non-transferred domain names and to inform the court within two days that the court order has been fulfilled.<ref>[http://domainnamewire.com/2012/01/12/wow-judge-orders-udrp-transfers-including-apple-typo-to-be-reversed/ Wow: Judge orders UDRP transfers, including Apple typo, to be reversed]</ref> The UDRP Panel found that the Receivers violated the rights of the legitimate trademark owners. For example, it three domain names contested by Public Storage are obviously confusingly similar to the trademark of the company. In this case, the UDRP Panel ruled in favor of Public Storage after the company proved that the Receiver used the domain names as "parking pages" linking to its competitors websites. The trademark of Public Storage is well known nationwide. Despite of the fact, the Receiver intentionally registered the domain names in bad faith.<ref>[http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1782 ADMINISTRATIVE PANEL DECISION-Public Storage v. Texas International Property Associates]</ref>

On January 10, 2012, Senior District Judge Royal Ferguson of the Northern District of Texas issued his final ruling reversing the decisions of the WIPO under the UDRP on all cybesquatting cases filed by the original registrant of 22 domain names (Receivers) as early as 2010. Judge Ferguson ordered the domain names publicstorge.com, pulicstorage.com, puplicstorage.com and aplle.com; which had been transferred to the companies Public Storage and Apple Inc. respectively shall be transferred back to the Receivers. He also ordered the Australian based registrar Fabulous.com to disregard the default transfer ruling of the UDRP for all the remaining non-transferred domain names and to inform the court within two days that the court order has been fulfilled.<ref>[http://domainnamewire.com/2012/01/12/wow-judge-orders-udrp-transfers-including-apple-typo-to-be-reversed/ Wow: Judge orders UDRP transfers, including Apple typo, to be reversed]</ref> The UDRP Panel found that the Receivers violated the rights of the legitimate trademark owners. For example, it three domain names contested by Public Storage are obviously confusingly similar to the trademark of the company. In this case, the UDRP Panel ruled in favor of Public Storage after the company proved that the Receiver used the domain names as "parking pages" linking to its competitors websites. The trademark of Public Storage is well known nationwide. Despite of the fact, the Receiver intentionally registered the domain names in bad faith.<ref>[http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1782 ADMINISTRATIVE PANEL DECISION-Public Storage v. Texas International Property Associates]</ref>

Prior to the final court ruling, the Receivers filed an Emergency Motion to Enforce stay and asked the court to order ICANN to reverse the UDRP decisions regarding the transfer of its 22 domains names.<ref>[http://domainnamewire.com/2012/01/10/receiver-apple-typ/ Receiver asks for typo domains to be confiscated from Apple and others]</ref> The court ordered ICANN to stay and abate the UDRP ruling. ICANN responded that it has no authority to direct the UDRP to terminate its proceedings, only the WIPO has the power to do so. ICANN also argued that the court has no jurisdiction over it and requested to vacate its ruling granting the receivers motion to enforce stay. <ref>[http://domainnamewire.com/2011/12/22/receiver-icann-thumbing-its-nose-at-the-court-asks-court-fo-find-icann-in-contempt/ Receiver: “ICANN thumbing its nose at the Court”, asks court to find ICANN in contempt]</ref> The court ruled that it has jurisdiction over ICANN and denied ICANN's motion to vacate the court's order. Furthermore, the court ordered ICANN to to stay and abate the proceedings and to file notice confirming that it has complied with the order granting the  

Prior to the final court ruling, the Receivers filed an Emergency Motion to Enforce stay and asked the court to order ICANN to reverse the UDRP decisions regarding the transfer of its 22 domains names.<ref>[http://domainnamewire.com/2012/01/10/receiver-apple-typ/ Receiver asks for typo domains to be confiscated from Apple and others]</ref> The court ordered ICANN to stay and abate the UDRP ruling. ICANN responded that it has no authority to direct the UDRP to terminate its proceedings, only the WIPO has the power to do so. ICANN also argued that the court has no jurisdiction over it and requested to vacate its ruling granting the receivers motion to enforce stay. <ref>[http://domainnamewire.com/2011/12/22/receiver-icann-thumbing-its-nose-at-the-court-asks-court-fo-find-icann-in-contempt/ Receiver: “ICANN thumbing its nose at the Court”, asks court to find ICANN in contempt]</ref> The court ruled that it has jurisdiction over ICANN and denied ICANN's motion to vacate the court's order. Furthermore, the court ordered ICANN to stay and abate the proceedings and to file a notice confirming that it has complied with the order granting the  

Receiver’s Emergency Motion to Stay." <ref>

Receiver’s Emergency Motion to Stay." <ref>

[http://bretbucket.s3.amazonaws.com/Order-ICANNStay.pdf ORDER DENYING NON-PARTY INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS’ MOTION TO VACATE]</ref>

[http://bretbucket.s3.amazonaws.com/Order-ICANNStay.pdf ORDER DENYING NON-PARTY INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS’ MOTION TO VACATE]</ref>