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In the Converse.co dispute, a three-member UDRP panel unanimously ordered the transfer of the disputed domain name to the Complainants, All Star C.V. and Converse, Inc., owners of the well-known brand CONVERSE for shoes and apparel. The panel drew the inference that the Respondent, by setting of an asking price of around $300,000 after having acquired the domain name for $306, was primarily motivated by a bad faith intent to target the Complaint. more
A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more
The ordinary run of cybersquatting cases is neither "exceedingly close nor difficult." Quote from Harvest Dispensaries, Cultivations & Production Facilities, LLC v. Rebecca Nickerson / Rock City Harvest, FA2004001892080 (Forum June 26, 2020) which is one of those rare cases in which the case was exceedingly close and difficult. For 90% of the docket (the percentage has been creeping up since 2016), even when Respondent appears (which it mostly does not), there is neither a defense nor merit to Respondent's contentions. more
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
A group of major ISPs and major content providers have agreed on a a mechanism to enforce copyright laws in the network. While full details have not yet been released, the basic scheme involves using previously designed IP flags to denote public domain content. That is, given general copyright principles, it is on average a shorter code path and hence more efficient to set the flag on exempt material. more
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
In all the recent uproar (New York Times, "Google Told to Turn Over User Data of YouTube," Michael Helft, 4 July 2008) about the fact that Google has been forced to turn over a large pile of personally-identifiable information to Viacom as part of a copyright dispute (Opinion), there is a really interesting angle pointed out by Dan Brickley (co-creator of FOAF and general Semantic Web troublemaker)... more
Undersea cables between the U. S. and Cuba have long been intertwined with politics. In 1887, The New York Times reported on the inauguration of a cable in support of the Cuban insurgents fighting for independence from Spain -- a precursor to the Spanish-American war. Phone service between the U.S. and Cuba began in 1921 with AT&T's installation of an undersea cable and AT&T dominated international telephony to Cuba until the 1990s. more
The case I'm reporting on today has garnered attention from a number of quarters. One commentator, Andrew Allemann tells us that "[he's] struggling with this UDRP decision" and Nat Cohen of Telepathy Inc. in a couple of Tweets and a private conversation is concerned that the holding could be a Trojan Horse by erasing the distinction between merely confusing and confusingly similar. The problem centers on the Panel's holding that everyfamily.org is confusingly similar to EVERYTOWN... more
The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more
We are all accustomed to purchasing and/or using copyrighted material in one fashion or another. From music, movies-(BluRay), e-books-(Kindle), computers-(software), mobile phones-(iPhone) and games; the umbrella of companies wanting to restrict access to its products continues to grow and become increasingly restrictive. more
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
There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more
Today, the FCC has sided with Amazon in a regulatory battle over Project Kuiper, the company's satellite internet system. Despite objections from rival SpaceX, the commission has approved Amazon's plan to prevent the upcoming satellite internet constellation from causing orbital debris in space. more
In the short ten years that they've been around, mobile apps have grown to become a staple of modern digital life. With more than five million apps currently available for download in the major app stores, and with over 2,000 new apps being uploaded every day, mobile apps are big business. Fifty-eight percent of shoppers consistently browse e-commerce apps and 49% of all website traffic now comes directly from mobile app users. All this browsing directly translates into spending. more
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