Brand Protection

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... 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

In DHS Takedown Frenzy, Mozilla Refuses to Delete MafiaaFire Add-On

Not satisfied with seizing domain names, the Department of Homeland Security asked Mozilla to take down the MafiaaFire add-on for Firefox. Mozilla, through its legal counsel Harvey Anderson, refused. Mozilla deserves thanks and credit for a principled stand for its users' rights. more

USC: Solving the Digital Divide?

Like many in the UK communications industry my colleagues and I at Entanet have been eagerly awaiting the Digital Britain report. Darren Farnden, Entanet's Head of Marketing, has posted an interesting assessment of key parts of the report at opinion.enta.net. Given the content of Darren's article I thought it would be useful to post it in full here for CircleID readers... more

A Transport Protocol’s Perspective on Optimizing Starlink Performance

Digital communications systems always represent a collection of design trade-offs. Maximizing one characteristic of a system may impair others, and various communications services may choose to optimize different performance parameters based on the intersection of these design decisions with the physical characteristics of the communications medium. more

Google Book Search Settlement: Another Digital Pandora’s Box

A very good friend of mine is an archivist with the Ontario government, and we share similar views on how technology is impacting modern life. He passed a really interesting item along that ran in yesterday's Washington Post. Some of you may be following this – Google's Book Search Settlement. I can definitely see how this has a direct bearing on the archive space, but also how it touches on a few tangents of my world – emerging communications technologies. more

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more

Losing and Reclaiming Domain Names

For registrants who are not trademark owners losing their domain names can be an irretrievable loss; and for trademark owners, perhaps not irretrievable but fraught with uncertainties of recovery. ICANN attempted to solve the problem of inadvertent lapses of registration in the Expired Registration Recovery Policy (ERRP) and its companion the Expired Domain Name Deletion Policy (EDNDP), implemented in 2013. more

Take That Down Right Now - and Give Me That Too

Google has released a government requests tool. It's highly illuminating and may end up being quite disruptive. That's what surprising data visualizations can do for us. ... The tool allows us to see the number of requests from different countries that Google received during the last six months of 2009. More than 3600 data requests from Brazil during those six months and more than 3500 from the US. But just 40 or so from Canada and 30 from Israel. more

Asking a Better Question to Uncloak the Online Copyright Debate

The proverbial Pandora's box that is opened whenever the topic of online copyright infringement is raised throws into sharp relief a host of challenges that have confounded policy makers, internet service providers and consumers for many years. Chief amongst them is how to strike an appropriate balance between protecting the rights of content owners while continuing to promote the interests of the public and preserving the benefits of the internet, given its unprecedented ability to facilitate the rapid dissemination of copyrighted content. more

Cybersquatting and Reverse Domain Name Hijacking: UDRP to ACPA

Trademark owners in the U.S. have a choice in suing for alleged cybersquatting: either the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA). Of the two, the UDRP is far and away the forum of choice for a very good reason: it is speedy, efficient, and inexpensive. Complaint to award can be concluded in less than 45 days. more

The Netizen’s Guide to Reboot the Root (Part II)

The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall... more

‘Pokemon’ Domain Names are a No-Go

The legal issues surrounding the sudden success of "Pokemon Go" -- one of the world's fastest-growing apps or games -- are popping up as quickly as unhatched Eggs at a PokéStop. Within days of the game's release, the National Safety Council issued a call that "urges pedestrians to exercise caution while playing the Pokémon Go augmented reality game" and "implores drivers to refrain from playing the game behind the wheel." more

The Continued Rise of Phishing and the Case of the Customizable Site

We’ve noted in previous CSC studies that phishing continues to be an extremely popular threat vector with bad actors and shows no signs of subsiding in part, because of the COVID–19 pandemic and the rise in popularity of remote working. Indeed, the most recent figures from the Anti-Phishing Working Group (APWG) show that the numbers of phishing attacks are higher than ever before, with the quarterly total of identified unique phishing attacks exceeding 1 million for the first time in Q1 2022, and over 600 distinct brands attacked each month. more

“Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference

In June, I attended the St. Petersburg International Economic Forum ("SPIEF"), organized by the Russian government's Ministry of Economic Development. This was a major event drawing thousands of participants to St. Petersburg... I participated on a panel entitled "Can IP Be Protected in the Internet Age?" Right away, I trust many of you find the titling odd... more