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Case No. IA-2013-300346-1
[ ]
Export Counsel
Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
Dear [ ]
This responds to your letter dated February 6, 2013, on behalf of Yahoo! Inc. ("Yahoo") to the Office of Foreign Assets Control ("OFAC") and supplemental information provided on April 25, 2013 (the "Application"), requesting authorization for the registration renewal of the internet domain address, yahoo.ir, with IRNIC, the domain registry of dot-IR(.ir) Internet domains, and payment of fees by Yahoo to the Institute for Research in Fundamental Sciences at the Institute for Studies in Theoretical Physics and Mathematics in Iran, which manages IRNIC. In the Application, you advise us that payment will be made by Yahoo from Citibank NA, New York, and that according to IRNIC’s website, IRNIC’s bank is Europaisch – Iranishe Handelsbank AG, Hamburg. You indicated in...
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1) See above. In this case, the applicant happened to have a pre-existing domain name registration, but OFAC's logic would appear to extend to the initial domain name registration of any trademarked domain name once an initial trademark is established through 560.509(a)(1), provided that the domain name to be registered closely matches the name already trademarked. See Case No. MUL-314 (excerpt), and comments thereto, suggesting that this is indeed the interpretation OFAC takes. The logic of the letter should extend to other IP-related general licenses, e.g., 542.520 of the SySR.
2) The amendment of 560.509 in Dec. 2012 to add 560.209(c) does not affect guidance.
3) It is unclear whether the NPWMD-designated...