Zak Muscovitch has practiced international domain name law since 1999 and in addition to his law practice, is General Counsel of the Internet Commerce Association.
Zak was lead counsel in numerous precedent-setting court cases, including the Toronto.com case (2000), wherein he successfully defended against one of the first attempts in Federal Court to obtain an interlocutory injunction against a domain name registrant. Zak was defence counsel in the Sweetsuccess.com case (2001), one of the first decision to establish the convenient forum for international domain name disputes. Zak was instructing counsel for the registrant of the defendant domain name in the Technodome.com case(2002), which was the first in rem decision under the United States ACPA. Zak was counsel in one of the first court case overturning an ICANN UDRP commenced by Molson in the Canadian.biz case (2002). Zak represented the owner of CheapTickets.ca (2008), wherein he defended a descriptive domain name by successfully obtaining the cancelation of a plaintiff’s trademark for “Cheap Tickets”.
Zak has represented clients from all over the world, in countries such as China, England, Australia, the United States, Brazil, Turkey, Belgium, South Africa, Korea, and Canada, in numerous ICANN domain name disputes. Among many notable decisions, Zak represented the registrant of Shoes.Biz in the first “.biz” Reverse Domain Name Hijacking case (2002). Zak represented the registrant in the first ever successful defence of a CIRA CDRP Complaint over the domain name, Cheaptickets.ca (2003). Zak represented the registrant in the first CIRA Reverse Domain Name Hijacking finding and costs order in the Forsale.cacase (2009). Zak represented the respondent in the first case of Reverse Domain Name Hijacking in an IDN (Chinese language) domain name dispute over 長江.com (LongRiver.com), a complaint brought by Hong Kong billionaire Le Ka Shing to the ADNDRC and then at WIPO. Zak successfully defended Groovle.com in a case brought by Google, and successfully resisted two additional attempts by Google to use the UDRP to obtain domain names in two other cases.
Zak is experienced at drafting domain name related contracts, such as domain name lease agreements, domain name purchase and sale agreements, and domain name joint venture and development agreements with revenue share.
Zak is the author of several articles on domain name law, such as “A Guide to ICANN Procedure and Policy (2000). Zak wrote, “Taxation of Internet Commerce” (1996). It was the very first published legal treatise on the taxation of Internet commerce. . Zak has served as a consultant to the Canadian Internet Registration Authority on updating and revising the Canadian Domain Name Dispute Resolution Policy. Zak is frequently consulted by the media on Internet related legal issues, including by Wired magazine.