Brand Protection

Brand Protection / Most Commented

Back to the Future Part IV: The Price-Fixing Paradox of the DNS

GenX-ers may remember spending a summer afternoon at the movie theater and seeing the somewhat corny but beloved antics of Marty McFly and Doc as they used a souped-up Delorean to travel the space-time continuum. In Back to the Future Part II, Doc and Marty travel into the future, where the bullying, boorish Biff causes a time-travel paradox when he steals the Delorean and takes a joyride into the past to give his younger self a sports almanac containing the final scores of decades worth of sporting events. more

Addressing Infringement: Developments in Content Regulation in the US and the DNS

Over the course of the last decade, in response to significant pressure from the US government and other governments, service providers have assumed private obligations to regulate online content that have no basis in public law. For US tech companies, a robust regime of "voluntary agreements" to resolve content-related disputes has grown up on the margins of the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA). more

Leveraging Trademark Data to Drive Domain Name Strategy

For years, corporate domain name portfolio managers have struggled with determining whether or not their portfolios were the "right" size. Managers of mature domain name portfolios have often felt that their portfolios were bloated, containing domains that were no longer needed. Conversely, domain managers of newer portfolios have sometimes known that gaps existed. Regardless, the question remains -- just how many domains should a corporate portfolio contain? more

UDRPs Filed - Brand Owners Take Note

After being in the domain industry for over 15 years, there aren't too many things that catch me by surprise, but recently a few UDRP filings have me scratching my head. Both ivi.com and ktg.com have had UDRPs filed against them, and I have to say for anyone holding a valuable domain name, it's a cautionary tale and one that should have folks paying attention to the outcome of each. more

Upcoming Brands and Domains Conference to Explore Various Views on DotBrands

After its first edition in Valencia, Brands and Domains will travel this time to the Netherlands where the second conference will take place from the 2nd to 3rd of October 2017. This time, Dot Stories, the main organizer, chose the Hotel Amrath Kurhaus for the event. Nowadays, more than 600 applicants hold already the right to start their own dot brand, but there are not so many who have been brave enough to use it. more

When Two Trademarks Aren’t Confusingly Similar to One Trademark

As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. more

TMCH Review Recommends Status Quo

On July 25th ICANN announced the publication of the Draft Report of the Independent Review of the Trademark Clearinghouse (TMCH). This study was coordinated for ICANN by the Analysis Group, in conjunction with researchers from the Center for Internet and Society at Stanford as well the University of Pennsylvania's Wharton School... while public comments on the draft report will be accepted through September 3rd, this Report was triggered by GAC concerns expressed before the Applicant Guidebook for the new gTLD program was even completed, and is not the work product of a GNSO-created working group and therefore will not directly result in the establishment of any new ICANN policy. more

Feds Shut Down Largest File-Sharing Site KickassTorrents - Founder Arrested, Domains Seized

"U.S. Authorities Charge Owner of Most-Visited Illegal File-Sharing Website with Copyright Infringement" – statement issued by United States Department of Justice on Thursday: "U.S. authorities have charged the alleged owner of today's most visited illegal file-sharing website with criminal copyright infringement and have seized domain names associated with the website." more

WIPO Reports Rise in Cybersquatting Cases, Triggered by New gTLDs

According to the latest report from The World Intellectual Property Organization (WIPO), trademark owners filed 2,754 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) with the agency in 2015 - an increase of 4.6 % over the previous year. more

TLD Operators Should Not Police Content, Says EFF

Electronic Frontier Foundation (EFF) released a letter today stating "companies and organizations that run the Internet's domain name system shouldn't be in the business of policing the contents of websites, or enforcing laws that can impinge on free speech. more

Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more

Live Streaming Apps: Piracy Trends Are-A-Changing

Until recently, digital pirates have used both P2P sites and cyberlockers to upload and share pirated content. But as Internet connection speeds have increased, the piracy landscape has changed, and the appearance of streaming content has proliferated. In fact, 38% of online sporting fans are watching live streaming of their favorite events. However, the recent introduction of live streaming apps is further compounding issues surrounding online piracy... more

Domain Name Abuse Is a 4 Letter Word

There has been a lot of back and forth recently in the ICANN world on what constitutes domain abuse; how it should be identified and reported AND how it should be addressed. On one side of the camp, we have people advocating for taking down a domain that has any hint of misbehaviour about it, and on the other side we have those that still feel Registries and Registrars have no responsibility towards a clean domain space. (Although that side of the camp is in steady decline and moving toward the middle ground). more

Is ICANN’s .IR Response at Odds with the ACPA and ICE Domain Seizures?

An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more

Why the Republican Policy Brief on Copyright Should Have Been Withdrawn

On November 16, the Republican Study Committee, a caucus of conservative Republican members of the U.S. House of Representatives, inadvertently released a policy brief entitled "Three Myths About Copyright Law" which was quickly withdrawn. Of course, as a work of the U.S. government, this document does not itself enjoy copyright protection, so it is widely available on the internet through groups like The Internet Archive project. more

Industry Updates

Phishers Are Impersonating Maersk: What Other Container Shipping Companies Are Targeted?

Careful, the Next Premium SMS Offer You Subscribe to May Be Malicious

GoDaddy Registry Podcast Ep.7 – The Importance of a Brand to Help Build Trust With Your Audience

Father’s Day: Bad Guys’ Activities

Phishing Automated through Chatbots, We Found Potentially Connected Domains

In the Market for a New Car? Beware Not to Get on the Phishing Bandwagon

Brand Registry Group .brand Brief, ICANN74

Blurring the Lines between APTs and Cybercrime: Cobalt Mirage Uses Ransomware to Target U.S. Organizations

Online Shopping Danger? 13K+ Cybersquatting Properties of Top E-Commerce Sites Discovered

Beware of Frappo and Related Cybersquatting Domains

Cardano Joins the List of Favored Crypto Scam Targets

These DeFi Domains Might Be Risky to Investors

Website Defacement: Age-Old but Still Works as Ongoing Campaigns Show

Behind the Bylines of Fake News and Disinformation Pages

Threat Actors Might Be Interested in Elon Musk’s Twitter Purchase, Too