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Guy mad about CentralNic domains sues ICANN and Network Solutions

August 3, 2012centralnic, Domaining, Domainnamewire, icann, lawsuit, Policy & Law, VeriSignComments Off on Guy mad about CentralNic domains sues ICANN and Network Solutions

Fun Friday reading.

I read a lot of lawsuits involving domain name companies. Occasionally I come across a “pro se” suit, in which the plaintiff doesn’t have legal representation.

Nine times out of ten these pro se cases I read involve a plantiff who’s a bit crazy. Like the “nude artist” who’s mad at NameMedia about a domain name.

Here’s another one (pdf), just filed in United States District Court against CentralNic, Network Solutions, VeriSign, ICANN, eNom, and the registrant of a third level .com domain.

The case was filed by Graham Schreiber, the owner of Landcruise.com. It’s a doozy, complete with a cover letter, colored fonts, all sorts of {brackets}, ~ symbols, and way to many commas per sentence.

Basically, Schreiber is mad that a company in the United Kingdom registered Landcruise.uk.com. uk.com domains are actually third level domain names offered by CentralNic.

The owner of Landcruise.uk.com, Lorraine Dunabin, also owns Landcruise.co.uk.

Back in 2011 Schreiber filed a Nominet dispute over Landcruise.co.uk. He subsequently withdrew the complaint because he thought Nominet could actually handle .uk.com disputes. For some reason Schreiber is more concerned with .uk.com than .co.uk, because he thinks it creates more confusion with his .com. He later refiled the Nominet case and lost.

He could just file a WIPO complaint over the CentralNic domain name, but he has some hard-to-decipher beef with WIPO about them not providing him with enough statistics.

He’s peeved at ICANN for not responding to his complaints other than with “form letters”.

He’s mad at Network Solutions for two reasons. First, they are the registrar for CentralNic’s uk.com domain name. Second, he put so much faith in Network Solutions that he felt compelled to register a bunch of other CentralNic domains there to protect his brand.

> Network Solutions, based on their significant history, within the Internet, give credibility to the products they sell. As such, their selling the “diluted” ~ “.com’s” of CentralNic, compelled me to buy many of the outstanding domains, as I’ve been a client of theirs since the beginning, I felt obliged to purchase the remaining “dilutive” .com ~ name spaces, so that no other individuals, such as Lorraine, would create problems for my business.

> Now, with a greater understanding of CentralNIC; and reading/understanding their Terms and Condition, at a deeper level > (link to terms) “11. Domain names are registered on a first come, first served basis.” < it become quite clear that there is a GENTLE SHAKEDOWN happening; and that I must therefore buy again my business name, with the left side of the .com, or risk dilution...

Just imagine how this guy will feel when he finds out that anyone can create a third level domain “landcruise.” under their second level .com domain!

Schreiber wants the damages awarded from this suit to go to his rotary club.

As silly as the suit is, Schreiber does have a point: I think a lot of consumers are confused about just what CentralNic third level domain names are.


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