Brand Protection

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more

ACPA Dilemma: Federal Court Denies Injunction in Landmark Case - Cybersquatting Loophole or Legal Oversight?

This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law. more

Domains Under the Most-Abused TLDs: Same Old DNS Abuse Trends?

While threat actors can use any domain across thousands of top-level domains (TLDs), they often have favorites. For instance, you may be familiar with Spamhaus's 10 most-abused TLDs for spamming. WhoisXML API researchers recently built on this list by analyzing 40,000 newly registered domains (NRDs) that sported some of the listed unreputable TLDs. We called this study "DNS Abuse Trends: Dissecting the Domains Under the Most-Abused TLDs." more

The World of the Subdomain

A web domain name is the foundational piece of internet property allowing its owner (registrant) to construct and host an associated website. On a domain, the owner is also able to construct whatever subdomains they wish -- a process that is technically achieved via the configuration of records on the authoritative domain name system (DNS) server. more

Web3 - What Brand Protection Pros Need to Know

Avivah Litan, the storied Gartner analyst, laid it down succinctly for insiders in her blog two and one-half years ago. She said, "Web 3.0 will transform us from Web 2.0's monetization via surveillance capitalism and advertising to monetization built directly into the protocol that is equally available to any connected user." Translated, that means we'll control our destiny by owning and managing our credentials for logging into systems, content, financial resources, and, importantly, our data. And, we are told, blockchain technology will enable all that. more

Interplanetary Internet

We had a very interesting presentation and discussion regarding the topic of interplanetary internet with my international colleagues, of which Vint Cerf – one of the “fathers of the internet” – is also a member. As a partner of the Interplanetary Networking Special Interest Group (IPNSIG), he took us on a journey that he has been involved with over the last 20 years regarding communication networks in space. A true mind-broadening experience. more

Multistakeholderism Is Working: A Short Series of Articles

I was in a conversation with a close friend the other day, you know the kind where you have been friends for so long that you have endured each other experimenting with changed politics, evolving religion, and if you are unlucky, flirtations with multilevel marketing. We were discussing politics that day, which is not unusual given our ancient friendship and the recent change at the helm of the United States. 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

What Trademark Owners Need to Know to Avoid Reverse Domain Name Hijacking

A cybersecurity company recently attempted reverse domain name hijacking for an exact match domain name of its brand, and in so doing, failed in both its bid to take ownership of the domain and potentially damaged their reputation by using this somewhat nefarious tactic and abusing the Uniform Domain Name Dispute Resolution Policy (UDRP) process. more

Beware of Abandoned Domain Names in this Turbulent Time and as the Global Economy Changes

The outbreak of COVID-19 has caused worldwide disruption -- for whole nations and their economies. Unfortunately, there will be some side effects for businesses. A number of brands will disappear from the streets and shelves, as businesses that fail to weather the storm will have to fold. Companies that do survive will likely focus more on their core markets, pulling brands out of higher risk, less profitable markets... more

Is Booking.com a Generic Term?

A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more

The Ageless Warning of Icarus

It wasn't that long ago that, during a visit home, my brother asked me, "Why are you so stuck on this Internet thing?" His direct question caused me to realize that I had never actually stopped and considered why I was investing so much time – and in such a highly visible manner – into Internet governance when I wasn't being compensated for doing so and, in fact, was – not putting too fine of a point on it – flat broke. more

Can Trademarks and Brands Help Save the Internet From Itself?

Trademarks and brands are often among a company's most valued assets. Customers associate trademarks and brands with producer integrity. They engender consumer trust. Without TMs and Brands, companies struggle for attention and find it more difficult to link the company's integrity and trustworthiness in the marketing of its goods and services. Representing company promise and customer expectations, they are uniquely positioned to symbolize common values and aspirations. more

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union. more