ICANN has cheezburgr, Stelmach cannot has
This entry is a guest article written by Brian Damage of demodulated blog.
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What’s in a name? Can a few proper nouns summarize the essence of a human being? If a man is only as good as his name does that man have the sole rights to its selective usage? Not according to the Internet Corporation for Assigned Names and Numbers who is the world’s regulating body for internet domain names.
Let’s back up that tractor a bit first. (beep beep beep)
Blogger and native Edmontonian Dave Cournoyer, aka Daveberta, is a vocal member of Canada’s Liberal party and a staunch opponent of the provincial Progressive Conservative party of which reigning Alberta Premier Ed Stelmach is a member. Dave recently registered the publicly and freely available domain name “edstelmach.ca” for fourteen bucks and pointed it to his blog. Shortly thereafter, with nary a warning shot, Dave was contacted by the Stelmach’s lawyers who demanded he desist in pointing this domain name to his blog and that he surrender the domain to the Premier at once, else the coyotes of litigation would git to howlin’.
Cournoyer, unswayed by these empty threats, merely pointed the domain to the Wikipedia article on Harry Strom, a former Alberta Premier who was criticized similarly to Stelmach as a good old farm boy whose reputation dwindled for being oblivious to the needs of the province’s flourishing urban centres. Threatening this indebted University of Alberta student due to his misunderstanding of the workings of the internet certainly bolsters such comparison.
Does Stelmach have the authority to unleash his stampede of thoroughbred lawyers on this poor kid in his jurisdiction? Well sure he does - it’s his got-dang right as a western Canadian. But that’s as far as he’ll mosey along, ah reckon.
The US Copyright Office, who regulates the ICANN, has this to say on the matter of copyright…
… on domain names:
“Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.”
… and on proper names:
“Names are not protected by copyright law.” and “Copyright does not protect names, titles, slogans, or short phrases.”
That’s right, it’s first come first serve in the Wild Wild Web. (otherwise translated for Stelmach’s benefit as “them dubyas”)
It seems that unless the very Right (if not Honourable) Premier might have to prove that he is either the world’s one and only Ed Stelmach, the supposely infringing use of his name detracts from his brand, the domain name disingenuously cuts his profits by impersonating his brand and thereby tricking customers, or that his name is the entirety of a catchy corporate slogan. (might I recommend, like George Costanza before him, the “by Mennen” tune?)
Ed Stelmach may as well hitch up and git along. Daveberta is making a stand and won’t be ponying up any time soon.
For more information on this topic I’ve blogged previously (here and here) about corporate bullying for domain names.

“Yeee haw, lit’s wrangle up this internet sumbitch!” - not actually said by Ed Stelmach
