Name.space Inc. v. Internet Corporation for Assigned Names and Numbers

Jones Day attorneys successfully defended the Internet's governing body against an antitrust and trademark infringement complaint filed by a company that sought to apply for new Web addresses.

Name.space sued the Internet Corporation for Assigned Names and Numbers, known as ICANN, for abusing its monopoly power over so-called top level domain names, or the word that appears after the dot.

The plaintiff, represented by Morrison & Foerster LLP, accused ICANN of conspiring to restrain competition in the new domain market by effectively excluding it from applying during the most recent round of bids by charging an excessive fee.

U.S. District Judge Percy Anderson rejected the complaint last March, concluding that ICANN's power in running the Internet was given to it by the U.S. Department of Commerce and was not due to the "willful acquisition" of monopoly power. Name.space Inc. v. Internet Corporation for Assigned Names and Numbers, 12-8676 (C.D. Cal., filed Oct. 10, 2012).

The judge's decision has been appealed to the 9th U.S. Circuit Court of Appeals.

Jeffrey A. LeVee, a Los Angeles-based Jones Day partner, said the case, like many others the firm has worked on for ICANN since its inception in 1998, was fascinating because it dealt with unexplored issues.

"The domain name system is expanding in really dramatic ways," he said. "It's been a real pleasure to represent ICANN. There's a lot of cutting edge issues and issues that haven't been litigated before that we deal with."

Morrison & Foerster attorneys did not return telephone calls seeking comment.

- Henry Meier

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