Intellectual Property Litigation

Representative Engagements

• Employ Media: Representing the registry operator of the .JOBS sponsored TLD in its International Chamber of Commerce (ICC) arbitration against ICANN regarding allegations of registry agreement breach and ICANN’s violations of its own Bylaws and Articles of Incorporation
• Advised on ICANN’s New gTLD Program, including risk mitigation, definition of the evaluation criteria and processes in the program, as reflected in the Draft Applicant Guidebook, and the drafting of Rights Protection Mechanisms principles
• Numerous Fortune 100 and Global 500 companies: Prepared analyses evaluating costs and benefits of a range of pro-active and defensive options for brand protection in the new gTLD environment, including strategic recommendations
• Designed dispute resolution schemes for the ICANN's Uniform Domain Name Dispute Resolution Policy; designed the dispute resolution policies for the .biz, .info, .name, and .aero gTLDs; designed the dispute resolution protocols for the Application Service Provider (ASP) Industry Consortium
• ICM Registry: Successfully represented registry operator in international arbitration against ICANN under its Independent Review Process (IRP), resulting in first-ever determination of the applicability of international law to ICANN and delegation of sponsored TLD .XXX
• European Registry of Internet Domain Names (EURid, .EU): Setting up corporate structure; advising on the set-up of the registry; designing, drafting and managing the Sunrise process; advising INTA, ECTA, MARQUES, AIM; drafting Sunrise, registration and WHOIS policies; drafting marketing and outreach plan; consultation with registrars; ; conducting audit of the functioning of the Alternative Dispute Resolution system in .EU, including a review of the Czech Arbitration Court; drafting of intellectual property dispute prevention and resolution procedures; assisting in domain name dispute resolution; directing the .EU Sunrise process
• mTLD Ltd (.MOBI): Developing a policy and advising on the Sunrise process; managing Sunrise process and related disputes
• DotAsia Organization Ltd. (.ASIA): Advising on the set-up of the registry, designing, drafting and managing the Sunrise process; advising INTA, ECTA, MARQUES, AIM; drafting Sunrise, registration and WHOIS policies; drafting marketing and outreach plan; advising registrars; handling domain name disputes during Sunrise
• doMEnd.o.o. (.ME): Advising on and managing the Sunrise process
• SIDN (.NL): Advising on the Sunrise process; drafting of policies; managing the Sunrise process and handling domain name disputes
• Assisting numerous registries and registrars in the context of new TLD launch processes
• DNS.be: Advising on the corporate structure and operations of the registry level; reviewing of business continuity; drafting of .BE alternative domain name dispute resolution policy
• GMO Registry: Drafting of .SO policies regarding Sunrise, land rush and general availability, including related domain name disputes; drafting registry-registrar agreement; drafting of marketing and outreach plan
• Telnic: Starting up of the .TEL gTLD; setting up domain name registry; drafting domain name registration and dispute resolution policies; drafting registry-registrar agreement; advising INTA, MARQUES, ECTA; managing Sunrise process; drafting of marketing and outreach plan; consultation with registrars; handling domain name disputes during Sunrise
• Cepina: Conducted case law analysis
• .CO Internet SAS: Starting up of the .CO ccTLD; designing rights protection mechanisms; drafting domain name registration and dispute resolution policies; drafting marketing and outreach plan; consultation with INTA and other stakeholders; managing Sunrise process; handling domain name disputes during Sunrise