Could Register.com be liable for Redirection?
Tom Perrotta reports that the Appellate Division of the First Department partially reversed a prior ruling allowing breach of contract claims to go forward against Register.com. The allegations state that Register.com used plaintiff's Web address without permission to direct others to their "Coming Soon" page which contained advertisements. The plaintiff alleged that Register.com had breached its contract because he had purchased the exclusive right to his domain name.
Despite not finding that plaintiff had exclusive control over the domain name, Justice Ellerin noted that the "exclusiveness" of a registered domain name is "a familiar concept of law," citing the U.S. Court of Appeals for the Second Circuit's holding in Name.Space v. Network Solutions, 202 F3d 573 (2000), and the First Circuit's holding in Sallen v. Corinthians Licenciamentos LTDA, 273 F3d 14 (2001).
Register.com has changed its domain-name contract to include a disclaimer about the "Coming Soon" page and an option to avoid it since the suit was initiated.
Panel Revives Case Over Domain-Name Registry [NYLJ]
Despite not finding that plaintiff had exclusive control over the domain name, Justice Ellerin noted that the "exclusiveness" of a registered domain name is "a familiar concept of law," citing the U.S. Court of Appeals for the Second Circuit's holding in Name.Space v. Network Solutions, 202 F3d 573 (2000), and the First Circuit's holding in Sallen v. Corinthians Licenciamentos LTDA, 273 F3d 14 (2001).
Register.com has changed its domain-name contract to include a disclaimer about the "Coming Soon" page and an option to avoid it since the suit was initiated.
Panel Revives Case Over Domain-Name Registry [NYLJ]
