Brand Protection

A Mexican Standoff in Wonderland

Wikipedia defines a Mexican standoff as "a confrontation in which no strategy exists that allows any party to achieve victory. As a result, all participants need to maintain the strategic tension, which remains unresolved until some outside event makes it possible to resolve it." This would be an apt way to describe what may be possibly occurring presently between the Internet Corporation for Assigned Names and Numbers (ICANN) and its largest ratepayer, VeriSign. more

Google Books Case Part 4,523: Decide Fair Use First

The endless lawsuit by the Authors Guild (which purports to represent authors, no longer including me), against Google moved another small step toward completion today. The Guild is just sure that Google's book scanning project means that end of civilization as we, or at least they, know it. Their arguments run from the somewhat plausible, that the scans are in violation of copyright, to the just plain goofy, that the scan data is so amazingly valuable yet vulnerable that Google must destroy it before someone steals it. more

Unregistered Gems Part 6: Phonemizing Strings to Find Brandable Domains

The UnregisteredGems.com series of articles explores a range of techniques to filter and search through the universe of unregistered domain names, in order to find examples which may be compelling candidates for entities looking to select a new brand name (and its associated domain). The previous instalment of the series looked at the categorisation of candidate names according to the phonetic characteristics of its constituent consonants, using a simple one-to-one mapping between each consonant and a corresponding phonetic group. more

A New Definition of Broadband?

FCC Chairman Jessica Rosenworcel has circulated a draft Notice of Inquiry inside the FCC to kick off the required annual report to Congress on the state of U.S. broadband. As part of preparing that report, she is recommending that the FCC adopt a new definition of broadband of 100/20 Mbps and establish gigabit broadband as a longer-term goal. I have a lot of different reactions to the idea. more

Brexit Done: What Does It Mean for an Online Presence?

On January 1, 2021, the United Kingdom officially ended the transition period and is no longer subject to European Union rules. The U.K. had been part of the EU for 47 years, or almost two generations. Comprehending the impact, the changes, the new ruling, and compliance will take some time. But in a world where online shopping, online banking, and communication is growing at lightning speed, we need clarity on key digital assets - the basic domain name. more

Domain Security: An Underused Cybersecurity Strategy and First Line of Defense in Your Zero Trust Model

Domain security is a critical component to help mitigate cyberattacks in the early stages - your first line of defense in your organization's Zero Trust model. According to the Cybersecurity and Infrastructure Security Agency (CISA), most cyberattacks - including ransomware and business email compromise (BEC) - begin with phishing. Although losses due to ransomware now exceed billions annually, most ransomware protection and response measures don't adequately address phishing risks in the early stages of an attack because they don't include domain security measures to protect against the most common phishing attacks. more

Trademark Owner Loses Two Domain Name Disputes - On Same Domain Name

I've said many times that winning a domain name dispute under the Uniform Rapid Suspension System (URS) is much more challenging than under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, that doesn't mean trademark owners should take the UDRP for granted. One complainant learned that lesson an especially hard way -- first by losing a URS determination and then by losing a UDRP decision on the same domain name. more

INET New York: Open Forum of the Copyright Alert System - Thursday 11/15

The Copyright Alert System, the result of a deal between big content and big ISPs, is a graduated response program - popularly known as the six strikes - that escalates from nastygrams, to copyright school, to Internet throttling. Just like SOPA/PIPA, enforcement targets will be arbitrarily selected by the content owners, but unlike SOPA/PIPA there will be no appeal via the courts - only to an arbitration firm hired by the program. more

A Cautionary Tale of Reputation Damage: Striking the Right Balance With Brand Protection

In early March 2020, a well-known European fashion brand found themselves on the receiving end of a protest campaign on social media. The background to the case was the fact that, in 2019, the brand had launched a cease and desist (C&D) action against a small, U.K.-based company in response to their use of similar product names and sale of associated clothing merchandise. more

Trademark Registrations on the ‘Supplemental Register’ Don’t Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more

Patterns and Trends in Domain Tasting of the Top 10 Global Brands

Domain tasting is a long-established practice involving the short-lived existence of a domain, which is allowed to lapse a few days after its initial registration. The practice arose in response to an Internet Corporation for Assigned Names and Numbers (ICANN) policy allowing a domain to be cancelled -- with all fees refunded -- within a five-day grace period, intended to address the issue of accidental registrations1. However, the practice is open to abuse by infringers. more

Apple (Not Surprisingly) is Not a Cybersquatter

It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more

Why Domain Security Is Your First Line of Defense to Mitigate Phishing Attacks

According to the Cybersecurity and Infrastructure Security Agency (CISA), most cyberattacks, including ransomware and business email compromise, begin with phishing. Although losses due to ransomware now exceed billions annually, most ransomware protection and response measures don't protect against the most common phishing attacks. Established research shows that phishing attacks most commonly occur from a maliciously registered, confusingly similar domain name, a compromised or hijacked legitimate domain name, or via email header spoofing. more

Brand Protection Beyond the “Whack-a-Mole” Approach

I recently shared at a conference how a seasoned brand and fraud expert from one of the world's largest global financial institutions lamented a major attack where multiple fraudulent websites would pop up every single day. All attacks were launched from the same registrar and web hosting company, and no matter how much they reached out to these providers, they received the same reply: "we will pass on your request to the registrant or site owner," and then nothing happened. more

New Cyberthreats: Have You Been Exposed at Home?

There are new threats that you may have already been exposed to. Here are some of the new threats and advice on how to protect yourself. During this pandemic, Zoom has emerged as a very popular teleconferencing choice for companies and educational institutions, but a new weakness for Zoom was also discovered. Some online conferences and classes that had not password protected their sessions fell victim to eavesdroppers using the screen sharing feature to "Zoom Bomb" those sessions with graphic images. more