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A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more
The Uniform Rapid Suspension System (URS) -- which allows a trademark owner to suspend certain domain names, especially those in the "new" gTLDs -- was designed as a quicker and less-expensive alternative to the Uniform Domain Name Dispute Resolution Policy (UDRP). As I've written frequently before, there are significant differences between the URS and the UDRP. One of those differences is how long a typical proceeding lasts. more
In the fourth in this series of articles exploring how the application of appropriate tools, algorithms and analysis techniques can identify the existence of attractive, unregistered brandable domain names, I consider the prevalence of a few additional styles of name. more
A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. 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
Brandsight recently concluded their Third Annual Domain Management Survey. Designed to uncover issues of greatest concern to corporate domain name professionals, the survey was sent to more than 300 companies. The companies that responded spanned all verticals, ranging from financial services to high-tech to consumer packaged goods. Of those that responded, 18% had portfolios smaller than 500 domains... more
The previous two articles in this series have outlined techniques for 'mining' brandable domain names -- that is, domain names of potential interest to entities looking to launch a new brand name and associated website -- from the enormous dataset of unregistered names (determined via zone file analysis). The key element of the identification process is the implementation of filtering techniques to identify... more
The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more
As promised at an end-of-the-year (2015) announcement, the U.S. Copyright Office has now launched a comment submission process about the "safe harbor provisions" of the Digital Millennium Copyright Act (DMCA). The DMCA is often used by copyright owners to get infringing content - images, text, videos, music, even software - removed from problematic websites. more
In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more
It seems that every day, a new artificial intelligence (AI) capability emerges, posing exciting possibilities for technological advancements -- but also great potential to equal or greater risks. Cybercriminals have taken notice of this rapid surge in the popularity of AI technologies and are attempting to take advantage. more
As artificial intelligence reshapes how users navigate the web, domain names may undergo explosive growth, potentially reaching tens of billions. A new infrastructure of trusted digital identities could become essential for AI agents. more
Social and Digital Marketing are two of the fastest growing, and arguably the most important, pieces of branding today. According to eMarketer, 2017 digital marketing expenditures will account for 38.4% of total ad spending and are projected to be almost 45% by 2020. This is double what they were just a few years ago and growth doesn't seem to be slowing down. 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
I saw recent headlines that claim that the time people watch streaming content is now greater than all of the time spent watching content from cable companies. A deeper look at the underlying statistics shows that this isn't entirely true, but it makes for a great headline. But it's still news that the percentage of viewing done through streaming continues to grow while the number of traditional cable customers continues to plunge. more
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