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Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more
I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post. more
Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more
A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. more
The COVID-19 pandemic has led to the rapid migration of the world's workforce and consumer services to virtual spaces, has amplified the Internet governance and policy issues including infrastructure, access, exponential instances of fraud and abuse, global cooperation and data privacy, to name but a few. The need for practical, scalable and efficient solutions has risen dramatically. more
It is not surprising that the phase 1 review of domain name rights protection mechanisms is delayed, but it is a bit of a surprise that in responding to a question posed in 2020, business executives and their lawyers replied with answers first offered and rejected five years earlier. In that time before COVID-19, the launch of the Vox Populi Registry and its dotSucks domain names drew quite a lot of attention. more
In early March 2020, a well-known European fashion brand found themselves on the receiving end of a protest campaign on social media. The background to the case was the fact that, in 2019, the brand had launched a cease and desist (C&D) action against a small, U.K.-based company in response to their use of similar product names and sale of associated clothing merchandise. more
Has your organization ever missed renewing a domain name? You really don't want to be in the news for that. Just look up "company forgot to renew domain name" and read about the historical consequences of missing vital domain name renewals. They range from failed services or infrastructure, lost revenue, lost business partners, wrecked reputation, hefty regulatory fines, to even the collapse of a business. more
As we enter the new normal, many legal departments have already begun looking for ways to reduce spend even as they are being asked to register COVID-19 domains. IP maintenance fees for patents, trademarks and domains are a natural place to start. While paring back patent and trademark portfolios can yield some significant savings, it's well-known that most corporate domain name portfolios contain registrations that are no longer needed. more
Just as we started the new year, the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency's (CISA) issued an alert. On January 6, 2020 , they warned of domain name system (DNS) hijacking and other cyber threats that may be used by nation-state threat actors to disrupt business activity and take control of vital internet assets. A familiar refrain heard in 2019 now repeating in 2020. more
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