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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
While smartphones were an integral part of our lives before 2020, now, as a result of the changes associated with COVID, our mobile devices are virtually "super-glued" to our hands. The worldwide pandemic has heavily influenced our lives. Based on our past experiences with digital brand protection and the trends we're currently seeing, we've made five predictions regarding the future of internet usage in 2021. more
Today, in U.S. Patent and Trademark Office v. Booking.com, the Supreme Court of the United States has affirmed that generic terms including .com domain names may be trademarked when consumers do not perceive the mark to signify the class of services, with heightened distinctiveness and recognition attributable to top-level domains that add meaning like .club, .guru, and .vip. more
As we enter the new normal, many legal departments have already begun looking for ways to reduce spend even as they are being asked to register COVID-19 domains. IP maintenance fees for patents, trademarks and domains are a natural place to start. While paring back patent and trademark portfolios can yield some significant savings, it's well-known that most corporate domain name portfolios contain registrations that are no longer needed. more
Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called "Response Fee" is only required in URS cases that include 15 or more disputed domain names. more
Last month, the U.S. National Cybersecurity Strategy was launched, providing a new roadmap for stronger collaboration between those operating within the digital ecosystem. The strategy calls on software makers and American industry to take far greater responsibility to assure that their systems cannot be hacked while accelerating efforts by the Federal Bureau of Investigation and the Defense Department to disrupt the activities of hackers and ransomware groups around the world. more
Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) can be heard by either a one- or three-member panel. Here are eight important facts that every complainant (trademark owner) and respondent (domain name registrant) should consider when deciding whether to select one or three members... Either party - complainant or respondent - has an opportunity to select a three-member panel... more
Launching a social network based on a single domain name extension is seriously innovative, but such a concept also implies to give Trademarks a chance to protect themselves. I recently interviewed Cyril Fremont, the new operator of the .BEST Registry and also CEO of "THE.BEST Social Network" on his plan to allow Trademarks to protect their assets prior to the launching of the review network. more
There is only less than one week left for the second edition of the Brands and Domains conference to take place in The Hague, Netherlands, at the Amrath Kurhaus. The domaining conference will be held during the 2nd and 3rd of October, 'the place to be' for all those whose companies are interested in developing the so-called dotBrands. More than 500 companies have already requested their dotBrand domain, and many of them are already using it, but it is 'together' how we can move forward... more
As news of the spread of the coronavirus (COVID-19) continues to emerge, CSC has undertaken the first in a series of studies looking at how the development of the crisis has affected online content. This first article looks at the numbers of registered domains with names containing coronavirus-related strings - "coronavirus" or "covid(-)19" (optional hyphen) - and analyzes the types of content present on the associated websites. more
Part 2: How do I choose the right option for my brand? In my previous article, I discussed the question of how to represent .brand domains in advertising. As you can imagine, it's a balancing act -- stimulating awareness of the domain, creating the desired customer behavior of the future using .brands, whilst ensuring that we are considerate to the fact that .brands are yet to hit mainstream awareness. Sounds simple right? more
A few weeks ago, Appdetex published a blog with predictions for 2021, and admittedly, at the date of publication, there were already very clear indications that one prediction was already in flight. In our blog post, we'd said, "With the global domain name system failing to abate abuse, and, in fact, thwarting consumer protection, get ready for a patchwork of local laws targeting attribution and prosecution of bad actors... Get ready for some confusion and turmoil in the world of notice and takedown related to local laws and regulations." more
I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used... more
We had high hopes that the Domain Name Association's Healthy Domains Initiative (HDI) wouldn't be just another secretive industry deal between rightsholders and domain name intermediaries. Toward that end, we and other civil society organizations worked in good faith on many fronts to make sure HDI protected Internet users as well. Those efforts seem to have failed. more
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
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