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Main Subject - Sex, ICANN, and Your Domain Name
It's your domain, or so you say. One morning, you wake up to find that it's registered in someone else's name.
Can you prove it's yours? Can you get it back?
The sex.com story
One morning, Gary Kremen woke up to find that the
Can you prove it's yours? Can you get it back?
The sex.com story
One morning, Gary Kremen woke up to find that the
According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
domain name sex.com, which he'd registered in 1994, had changed hands and was registered to ex-convict Stephen Michael Cohen. In 1995, Cohen had allegedly written a fake letter with a forged signature to Network Solutions, the re
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
gistrar. He stated in that letter that control of sex.com was to be turned over to him.
In 2000, the court found the letter to be fraudulent and ruled that sex.com was to be returned to Kremen. Cohen was ordered to pay $65 milli
In 2000, the court found the letter to be fraudulent and ruled that sex.com was to be returned to Kremen. Cohen was ordered to pay $65 milli
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
on in punitive damages and for lost revenue. He never paid it, however, fleeing the US instead.
The story continued with charges against Network Solutions for mismanagement of sex.com. A lower court ruled in 2000 that Network So
The story continued with charges against Network Solutions for mismanagement of sex.com. A lower court ruled in 2000 that Network So
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
utions was not accountable for its negligence in handling the domain. A domain name was not tangible property, according to the judge. In 2003, the US Appeals Court ruled that Kremen did have property rights to the domain. The fo
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
llowing year, Kremen reached a settlement with VeriSign, the owner of Network Solutions. While the amount was undisclosed, it was rumored to be over $15 million.
Domains and ICANN
It's doubtful that any other domain has the val
Domains and ICANN
It's doubtful that any other domain has the val
ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
ue of sex.com. Our domains are valuable to us, though, and we want them to be protected. If they are stolen, we don't want to spend years fighting to get them back.
ICANN (Internet Corporation for Assigned Names and Numbers) was
ICANN (Internet Corporation for Assigned Names and Numbers) was
easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
created in 1998 to help manage domain names, among other responsibilities. At the ICANN website, we read that ICANN "…is dedicated to preserving the operational stability of the Internet…and to developing policy appropriate to it
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
s mission…."
Developed in 2004, ICANN's Registrar Transfer Dispute Resolution Policy (TDRP) provides detailed steps for registrars to follow if a domain transfer is disputed. Registrars aren't obligated to follow this policy, an
Developed in 2004, ICANN's Registrar Transfer Dispute Resolution Policy (TDRP) provides detailed steps for registrars to follow if a domain transfer is disputed. Registrars aren't obligated to follow this policy, an
and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
d it doesn't guarantee resolution to domain transfer disputes. However, it provides a suggested policy for registrars to help reach resolutions when domain disputes arise.
Domain theft and ICANN
What should you do if you discov
Domain theft and ICANN
What should you do if you discov
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
r that someone has hijacked your domain name?
First, contact the registrar where you had the domain registered. With evidence that you didn't authorize the domain to be transferred to another person, that registrar should take t
First, contact the registrar where you had the domain registered. With evidence that you didn't authorize the domain to be transferred to another person, that registrar should take t
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
he necessary steps to try to return the domain to you.
Unfortunately, some registrars aren't inclined to make the effort to do this, particularly (but not necessarily) those with a lower profit margin per domain.
If the registr
Unfortunately, some registrars aren't inclined to make the effort to do this, particularly (but not necessarily) those with a lower profit margin per domain.
If the registr
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
ar for your domain won't take action on your behalf, go to the gaining registrar with your case. This registrar; the one where your domain is now registered; may or may not want to look into the situation, but you can try your lu
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
ck with it.
According to ICANN's TDRP, registrars should "… first of all attempt to resolve the problem among the Registrars involved in the dispute…." If they aren't successful, they should then file a dispute with ICANN.
In t
According to ICANN's TDRP, registrars should "… first of all attempt to resolve the problem among the Registrars involved in the dispute…." If they aren't successful, they should then file a dispute with ICANN.
In t
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
is ICANN April 2005 report, the suggestion was made (on page 5) to make the dispute resolution process accessible to registrants. At this time, though, if neither registrar will work to help you or will take the issue to ICANN, t
t?
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
he ICANN dispute resolution process isn't available to you.
Although ICANN's Uniform Domain Name Dispute Resolution Policy is intended for disputes over trademarked domains, some registrants have used it to try to get hijacked d
Although ICANN's Uniform Domain Name Dispute Resolution Policy is intended for disputes over trademarked domains, some registrants have used it to try to get hijacked d
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
omains back. You can file a complaint via one of ICANN's Approved Providers for Uniform Domain Name Dispute Resolution Policy.
Domains and the courts
The legal route that sex.com registrant Gary Kremen took is open to you as we
Domains and the courts
The legal route that sex.com registrant Gary Kremen took is open to you as we
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
l. Look for a lawyer in the country of the domain registrar who has experience handling domain name disputes.
At this point, you need to weigh the value of your domain with the costs involved in getting it back. The value of sex
At this point, you need to weigh the value of your domain with the costs involved in getting it back. The value of sex
.
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
.com made the legal battle financially worthwhile for Kremen, but many of us would have to stop at this point.
Protecting your domain
Nothing you can do can guarantee that your domain won't be hijacked. However, you can take a
Protecting your domain
Nothing you can do can guarantee that your domain won't be hijacked. However, you can take a
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
number of precautions to greatly reduce the chances of it happening. For tips on protecting your domain, see the article Information Highwaymen and Your Domain here: http://articles.websitesource.com/information_highwaymen.shtm
tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products
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