Brand Protection

Limitations and Laches as Defenses in Domain Name Cybersquatting Claims

UDRP Paragraph 4(c) states as a preamble that "[a]ny of the following circumstances, in particular, but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interest to the domain name for purposes of Paragraph 4(a)(ii)." Three nonexclusive circumstances are listed. more

Notorious Markets, Scams and Implications for Brands

On January 14, 2021, the Office of the United States Trade Representative (USTR) released its 2020 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List, or NML). This publication enumerates online and physical markets that have been reported to engage in trademark, counterfeiting, and copyright infringement at scale. For the first time, the NML documents show how internet platforms play a part in bringing illicit goods into the US. more

Brand Protection Beyond the “Whack-a-Mole” Approach

I recently shared at a conference how a seasoned brand and fraud expert from one of the world's largest global financial institutions lamented a major attack where multiple fraudulent websites would pop up every single day. All attacks were launched from the same registrar and web hosting company, and no matter how much they reached out to these providers, they received the same reply: "we will pass on your request to the registrant or site owner," and then nothing happened. more

Digital in 2021 – Five Predictions for Brand Protection

While smartphones were an integral part of our lives before 2020, now, as a result of the changes associated with COVID, our mobile devices are virtually "super-glued" to our hands. The worldwide pandemic has heavily influenced our lives. Based on our past experiences with digital brand protection and the trends we're currently seeing, we've made five predictions regarding the future of internet usage in 2021. more

Exploring the Meanings of “Right” and “Legitimate Interest” (UDRP Proceedings)

For complainant, the second leg in determining cybersquatting under the Uniform Domain Name Dispute Resolution Policy (UDRP) is evidence respondent lacks both rights and legitimate interests in the challenged domain name (Paragraph 4(a)(ii)). I underscore "both" because proving one but not the other is not good enough. This seems obvious, so why suggest there is something to explore about "rights" and "legitimate interests" if their meanings hardly need explication? more

What Are the Connected Assets of Confirmed Fake FBI Domains?

Two months ago, the Federal Bureau of Investigation (FBI) alerted the public to a list of domains that could easily be mistaken to be part of its network. The list of artifacts contained a total of 92 domain names, 78 of which led to potentially malicious websites, while the remaining 14 have yet to be activated or are no longer active as of 23 November 2020. more

Cast Your .vote for the Most Interesting New gTLD Development in Q4

2020 has been extremely eventful, so it follows that the domain industry has continued to experience perpetual change, progress and uncertainty in the last three months of the year. In our Q4 New gTLD Quarterly Report, MarkMonitor experts analyze topical registration activity, launch information, .brand growth and DNS abuse, and share a list of upcoming industry meetings for 2021. more

Holiday Shoppers Beware: Tips on Protecting Brand Owners and Consumers from Domain Security Threats

With the COVID-19 pandemic persisting, online shopping will be the preferred method for the 2020 holiday shopping season. While staying home to shop is the safest option right now, it means consumers are more vulnerable to online fraud, counterfeits, and cyber crime. Increased online activity provides opportunities for unscrupulous infringers to abuse trusted brand names to drive visitors to their own fraudulent content. more

Speculating in Domain Names: Pricing War(e)s

Speculation in one form of another has an ancient and honorable history. It not only creates entrepreneurial activity but fuels markets for selling wares and offering services, but also generates competition for consumers and wars over loyalty. The commercialization of the Internet in the 1990s, which extended market activity into virtual (cyber) space, has many of the virtues of the actual but also its vices: cheating and fraud, and other skullduggery. more

An Investigative Analysis of the Silent Librarian IoCs

The Silent Librarian advanced persistent threat (APT) actors have been detected once again, as the academic year started in September. With online classes increasingly becoming the norm, the group's phishing campaigns that aim to steal research data and intellectual property could have a high success rate. Dozens of phishing domain names have been reported, although some may have already been taken down. more