Brand Protection

Brand Abuse and IP Infringements – Part 2: Enforcement and Return on Investment

In the first article in this two-part series, we looked at the impact of brand abuse and infringements against intellectual property (IP) on an organization's brand value. In this second article, we delve into how action against enforceable infringements can deliver tangible return on investment (ROI) for a brand, and demonstrate the importance of a robust brand protection program. more

Brand Abuse and IP Infringements – Part 1: Brand Impact

In this two-part blog series, we take a closer look at brand abuse and intellectual property (IP) infringements. In this first article, we explore the components making up a company's IP and how online content can affect a brand's value, both actual and perceived... The IP held by an organization -- i.e., the portfolio of brands, trademarks, and other intangible assets that provide it with its distinctiveness, and protect it from unfair competition in the marketplace... more

A Brief Look at the Domain Attack Surface of Streaming Media Companies

The term "attack surface" is often heard in cybersecurity conversations. It refers to the sum of all possible attack vectors or the vulnerabilities that threat actors can exploit to penetrate a target network or damage an organization somehow. An unused and forgotten subdomain, for instance, can become an attack vector when taken over. Certain categories of companies have very large attack surfaces. Such is the case of streaming media businesses like Netflix and HBO Max. more

US Election-Related Web Properties Prone to Fraud and Misinformation Due to Lack of Domain Security

The risks of fraud and disinformation in the U.S. election process have been hiding in plain sight. CSC's new research finds that a large majority of web domains closely linked to the campaign websites for Joe Biden and Donald Trump lack basic domain security protocols and are prone to domain spoofing tactics. This makes them a potential target for hackers looking to spread disinformation ahead of the election, and criminals who want to take advantage of voter intentions... more

Innovation, Launches and Email: New gTLDs Deliver in Q3 2020

As the third quarter of 2020 winds down, the domain industry continues to show development and progression amid uncertain global economic conditions. From improvements in products and additional TLD launches to growth in .brand email usage and upcoming virtual meetings, the Q3 2020: New gTLD Quarterly Report from our MarkMonitor team has a little something for everyone. more

“Objective” and “Objectivity” in UDRP Decision Making

No one will disagree that disputes before arbitral tribunals and courts should be determined on the merits. I have noticed that some Panels appointed under the Uniform Domain Name Dispute Resolution Policy (UDRP) have employed the words "objective" and "objectively" in their recent decisions. In pondering these linguistic choices, it seems to me that there are two possible reasons for their use; the first is more acceptable than the second. more

The Suitable Defendant Rule: In Rem Jurisdiction under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) creates two distinct avenues by which mark owners may seek a remedy for cybersquatting. A person who is a suitable defendant under 15 U.S.C. §1125(d)(1)(A) is one over whom the court has in personam jurisdiction. However, if the mark owner is "not able to obtain in personam jurisdiction over a person who would have been a defendant" in the ACPA action, then "[t]he owner may file an in rem civil action against a domain name in... more

Only Bad Actors Should Worry About the URS

With DNS abuse a topic of increased concern throughout the community, any controversy over adopting the Uniform Rapid Suspension System (URS) for all generic top-level domains (gTLDs) seems misplaced. The URS was designed as a narrow supplement to the Uniform Domain-Name Dispute Resolution Policy (UDRP), applicable only in certain tightly defined circumstances of clear-cut and incontrovertible trademark infringement involving the registration and use of a domain name. more

How Will the New .AU Domain Licensing Rules Impact You?

The .AU Domain Administration (auDA) will soon implement new .AU domain administration licensing rules either late this year or early next year. These rules apply to new registrations and around 3 million existing domain names in the com.au, net.au, org.au, and more .AU namespaces... Previously, an Australian trademark application or registration may constitute the required Australian presence for an .AU domain name, but the domain name need not match the trademark. more

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. more