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Brand Protection / Most Commented

What Is the Domain Name Expiry Cycle and Why Should You Know About It?

Domain names are registered by the thousands every day. In July 2021, 236,336 domains were newly registered daily on average across all top-level domains (TLDs). Tens of thousands were also newly expired. Other months could be just as busy. "Newly registered" and "newly expired." Those are two terms I often get questions about. Newly registered domains are domains that someone just reserved, typically through a registrar or web hosting company. Newly expired domains, meanwhile, are those domains that someone had reserved but decided to let go for one reason or another. more

What Due Diligence Satisfies Domain Name Registrant’s Representations (UDRP)?

Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more

To Block or Not to Block?

Domain blocking mechanisms are an important element of an organization's defensive domain strategy. With the introduction of the New Generic Top-Level Domain (gTLD) Program by the Internet Corporation for Assigned Names and Numbers (ICANN) in 2013, brand owners were faced with a new challenge -- protecting their marks without overburdening their budgets. Defensive domain registrations were and still are an effective way in which a brand can protect itself in domain namespaces.  more

Offering Price as Evidence of Bad Faith Domain Name Registration: A False (UDRP) Factor

I have pointed out in earlier posts that some panelists disapprove of the business of speculating in domain names. There have been a succession of decisions expressing this view beginning with <crew.com> discussed below. Forfeiture has been justified with a mixture of theories. If the offering price is allegedly "excessive" or the domain name is passively held, or the respondent has renewed its registration after the mark is first used in commerce, the panelists find respondents have engaged in unlawful conduct and must forfeit their domain names. more

Euro 2020 Part Three: Domains (Revisited) and Other Channels

In this final article in the series of studies looking at Euro 2020-related infringements, we revisit domain name infringements and consider activity across other online channels, with a focus on social media and mobile apps. Following the original study, which looked at domains registered before May 2020 with names containing "euro2020" or "euro2021," we analyzed daily activity levels in the period immediately preceding and during the competition. more

Euro 2020 Part Two: eCommerce Marketplace Activity

Following our previous article on the Euro 2020 football tournament that looked retrospectively at domain name registrations relating to the competition, this article considers activity on eCommerce marketplaces. For this study, our Discovery Engine technology was used to conduct a regular series of scans across key international online marketplaces. We monitored for listings (offers of sale) relating to Euro 2020 clothing and merchandise. more

MarkMonitor Supports Brand Registry Group (BRG) Call for Preliminary Applicant Guidebook

During last week's ICANN71 Virtual Policy Forum, the Brand Registry Group (BRG) held a very informative session about how ICANN can help potential applicants prepare for the next new gTLD round. Speakers during the session provided historical perspective that applicant guidebooks have regularly evolved over time as a result of community review and feedback provided to ICANN, providing concrete examples of how the current applicant guidebook was developed. more

Euro 2020: An Illustration of the Link Between Real-World Events and Online Infringements

In the run-up to the postponed Euro 2020 football championships, we've analyzed historical registration trends in domains containing the terms "euro2020" or "euro2021." A number of previous studies -- looking at events as diverse as the COVID pandemic, the annual holiday season shopping events, and the Reddit campaign relating to the manipulation of the stock price of U.S.-based retailer GameStop -- show a link between real-world events and spikes in online activity. more

Your Cybersecurity is Only as Strong as Your Weakest Vendor

Managing the risk of third parties has become a compliance focus for many large organizations. Companies even work with third-party service providers and external vendors just to manage this risk. The recent SolarWinds attack escalates the critical need for chief compliance officers to collaborate with their business counterparts to identify and mitigate potentially unknown threats that lie within third-party supply chains. Yet how can companies manage this risk when it's not if but when you're attacked? more

Vendor Selection Matters in the Domain Registrar Ecosystem

Domain name abuse is one of the most dangerous and under-regulated issues in digital business security today. Many of the largest companies in the world still lack basic domain security protocols, making them prime targets for bad actors. An attack on a domain can lead to the redirection of a company's website, domain spoofing, domain and domain name system (DNS) hijacking attacks, phishing attacks, network breaches, and business email compromise (BEC). more

Making the Platform Relationship Win-Win

CSC recently participated in an open discussion at the World Trademark Review's APAC WTR Connect, where we moderated a discussion with brand owners, Western Digital and PVH, and platform owner, Alibaba, on the topic: "Making the Platform Relationship Win-Win." How do brands define what a platform is? For the brand owners, a platform could be any distribution service of their products -- be it a traditional eCommerce marketplace like Alibaba or Amazon.com -- or other digital service enablers... more

Could Bulk-Registered Typosquatting Domains Be Connected to .ORG DNS Abuse?

Public Interest Registry (PIR) announced the creation of the DNS Abuse Institute about two months ago as it believes that "every .ORG makes the world a better place" and "anything that gets in the way of that is a threat," notably in the form of Domain Name System (DNS) abuse. To show support for the initiative, WhoisXML API analyzed monthly typosquatting data feeds for December 2020, January 2021, and February 2021 to identify .ORG domain trends... more

gTLDs Under the Microscope in Q1 2021: .kpmg Back in Focus and a Look at Past Launches

With the end of March upon us already, we take a fresh look at .kpmg and its ongoing .brand usage strategy in our first quarterly report of the year. A review of Alexa.com rankings for .brands and other new gTLDs is included as well as an examination of the factors that have affected registration rates for new gTLD launches from 2019 and 2020. Our MarkMonitor team of experts also analyzes the ICANN Final Report on the new gTLD Subsequent Procedures Policy Development Process... more

Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

Four-Pronged Approach to Keep Your Domain Names and DNS Secure from Cyberattacks

Domain names, domain name systems (DNS), and digital certificates are fundamental components of the most important applications that enable your company to conduct business - including your website, email, voice-over IP, and more. However, these vital applications are being attacked with an increasingly high level of sophistication and severity. more