Notices and Offers in .INFO

Now that .INFO is truly open for business, holders of .COM, .NET and .ORG domain names are likely to be deluged with offers of assistance in registering matching domains in .INFO. For the most part, these offers are what they appear to be. However, we have become aware of some offers that mimic official-looking notices and make dubious statements in an attempt to obtain registration business. As these come to light, we will highlight selected notices and offers on this page.  

URGENT NOTICE OF DOMAIN EXTENSION
from the Domain Support Group

The Domain Support Group ("DSG") is sending out a one page fax to current holders of .COM domains alerting them that the matching .INFO domain has become available for registration, and that DSG is offering them a "first right to use preference." (Sample notice, 71K.) To exercise this preference, recipients must call a toll free number within a prescribed period (in our case, the next day). The representative with whom I spoke informed me that I could register the domain with DSG or with any other authorized registrar.

In a transparent effort to look "official," the DSG notice jumbles together a portion of the Lanham Act and ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), under the large heading IN ACCORDANCE WITH THE UNITED STATES LEGAL CODE. This "information" does not reflect the state of the law with respect to cybersquatting. If you have questions about a trademark holder's rights and remedies in relation to domain name registrations, you should contact a trademark attorney.

The DSG notice implies that DSG can offer a "first right to use preference" during the period listed on the notice. However, DSG has not reserved or "held" the listed domain, and it may become unavailable at any time if registered by another party. In fact, it may already have been registered by the time the recipient has read the fax! The misleading implication that DSG can guarantee the availability of the domain for 24 hours is thus a serious disservice to anyone interested in registering a .INFO domain.

Jefferson Scher
Nov. 14, 2001

Subsequent to posting this information, I have received reports that the Domain Support Group is telephoning domain owners and walking them through the process of registering their domains in new TLDs. Such cold calls could be a valuable service if the true objective were fully explained, but domain owners should be skeptical of any vendor calling about a need to "renew" or "update" their account information.

If you have any questions about .INFO registrations, or require any assistance navigating the process, please feel free to contact a member of the Firm's Trademark Group:

Joi A. White 
Jefferson F. Scher 
Sheila Fox Morrison

The contents of this Web site are not intended, and
cannot be considered, as legal advice or opinion. Legal Notice.