Brand Protection

Further Ideas in Mark Similarity Measurement

In the final three articles in my series looking at algorithms for measuring the similarity of marks, I extend the ideas to provide a more sophisticated and adaptable framework. Article 4 introduces a similarity score based on color distance in RGB space, offering a quantitative approach to trademark similarity. Article 5 refines word mark similarity by using the International Phonetic Alphabet to improve phonetic analysis. The final article presents a method for sorting colors by dominant shade, aiding in trademark review and potential guidelines for color mark protection.

Broadband Labels are Here

On October 10, all ISPs in the United States were supposed to have implemented and posted broadband labels. The labels were required as part of the Infrastructure Investment and Jobs Act. Large ISPs had to post labels six months ago, and now the requirement is for all ISPs. I looked at the ISPs in a few counties I'm very familiar with, and I found a few ISPs in each county that have not posted labels that I can find on their website.

Further Developing a Word Mark Similarity Measurement Framework

Expanding on a framework for quantifying word mark similarity by examining algorithms and proposing enhancements. This article assesses consistency with UK trademark case decisions and a search tool, explores subsequence analysis for similarity, and suggests using IPA phonetics to measure aural likeness. The objective framework could improve consistency in trademark assessments, despite the inherent subjectivity of legal tests.

Building a “Domain of Trust” - Protecting Online Identity in the Age of AI and 6G

In today's interconnected world, your business's online identity is increasingly more vulnerable than ever. With the rapid advancement of AI and 6G technologies, cyber threats are evolving at an alarming rate, making it critical to protect your brand's digital presence. How can businesses proactively safeguard their online identity in this changing landscape?

Further Developing a Colour Mark Similarity Measurement Framework: Building a Database

In my recent article on mark similarity measurement, I discussed a possible framework for protecting colour marks. The framework involves the specification of each colour according to its RGB (red-green-blue) specification (in which each component is expressed as an integer value between 0 and 255), with the suggestion that the protection afforded by a colour trademark could incorporate not only this exact colour, but also all similar colours around it up to a certain 'distance'...

Towards a Quantitative Approach for Objectively Measuring the Similarity of Marks

Central to many intellectual property disputes is an assessment of the degree of similarity of two contested marks. A determination of similarity is fundamentally a subjective decision involving a range of relevant tests, which include consideration of the perception of the relevant consumer and recognition of the existence of degrees of similarity within a spectrum (from high to low).

Unregistered Gems Part 4: Other Brandable Domain-Name Styles

In the fourth in this series of articles exploring how the application of appropriate tools, algorithms and analysis techniques can identify the existence of attractive, unregistered brandable domain names, I consider the prevalence of a few additional styles of name.

Unregistered Gems Part 3: Keeping Your -ize on the Prize

The previous two articles in this series have outlined techniques for 'mining' brandable domain names -- that is, domain names of potential interest to entities looking to launch a new brand name and associated website -- from the enormous dataset of unregistered names (determined via zone file analysis). The key element of the identification process is the implementation of filtering techniques to identify...

Affordable Starlink Prices Coming to Low and Middle-Income Countries

SpaceX first departed from its uniform Starlink pricing policy when it offered a reduced price for throttled service in France two years ago. Since then, many new, higher-capacity satellites have been launched, enabling SpaceX to reduce prices in low and middle-income countries like Kenya. Kenya had 405 geostationary satellite internet subscribers when Starlink became available in July 2023.

Further Explorations in Brandable Domain Names: Sensational Spellingz

My previous article on brandable domain names1 -- that is, available (unregistered) domain names which may be appealing to any entity looking to identify a potential name for a new brand launch -- focused on the use of phonotactic (i.e. 'readability') analysis techniques to identify candidate names.

Unregistered Gems: Identifying Brandable Domain Names Using Phonotactic Analysis

Conventional wisdom within the domain-sales industry states that the stock of unregistered domain names is 'running out,' with limited or no availability of short, desirable domain names across popular extensions (TLDs). This presents problems for would-be brand owners looking for a brand name (and accompanying suitable website presence) to utilize for newly-launched companies...

The Dos and Don’ts of DNS Management

The domain name system (DNS) is vital for businesses as it facilitates customer access to online services and resources. Strategic DNS management plays a pivotal role in cybersecurity, safeguarding against threat vectors and ensuring secure global connectivity across online channels including apps, email, websites, application programming interfaces (APIs) and more.

An Unnatural .Bond: A Study of a ‘Megacluster’ of Malware Domains

A recent news story, following research from security provider Infoblox, highlighted the case of the 'Revolver Rabbit' cybercriminal gang, who have registered more than half-a-million domains to be used for the distribution of information-stealing malware. The gang make use of automated algorithms to register their domains, but unlike the long, pseudo-random ('high entropy') domain names frequently associated with such tools, the Revolver Rabbit domains instead tend to consist of hyphen-separated dictionary words (presumably so as to obfuscate their true purpose), with a string of digits at the end.

When a UDRP Panel Infers Bad Faith from An Asking Price

In the Converse.co dispute, a three-member UDRP panel unanimously ordered the transfer of the disputed domain name to the Complainants, All Star C.V. and Converse, Inc., owners of the well-known brand CONVERSE for shoes and apparel. The panel drew the inference that the Respondent, by setting of an asking price of around $300,000 after having acquired the domain name for $306, was primarily motivated by a bad faith intent to target the Complaint.

Exploring the Domain of Subdomain Discovery

Domain name monitoring - that is, the detection of domains with names containing a brand-term (or other string) of interest - is a very well-established element of brand protection services. Branded domain names are of key importance to brand owners (as the basis for business-critical infrastructure (i.e. 'core' domain names), and as part of a 'tactical' portfolio of strategic and defensive registrations), but also to infringers, who can utilise domains as a means of impersonation, passing off, claimed affiliation, or traffic direction and monetisation.