Brand Protection

One Week Left for the Upcoming Brands and Domains Conference

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

Canadian International Pharmacy Association Celebrates 20 Years on the Internet

The Canadian International Pharmacy Association (CIPA) recently achieved a major milestone: We celebrated our 20-year anniversary, serving millions of customers around the world who otherwise would not afford, access or trust ordering their daily maintenance medications where they live. Founded in 2002 by a group of Canadian pharmacists who recognized the potential of the Internet to provide safe and affordable access to medications... more

Recent Case in Federal Court Shows Inefficiencies of Anticybersquatting Consumer Protection Act

A recent case1 from a federal court in Kentucky shows why the Anticybersquatting Consumer Protection Act (15 U.S.C. 1125(d) - the "ACPA") can be - when compared to the Uniform Domain Name Dispute Resolution Policy ("UDRP") - a relatively inefficient way of resolving a domain name dispute. Here is a quick rundown of the facts. Defendant owned a business directly competitive to plaintiff ServPro. Plaintiff had used its mark and trade dress since the 1960's... more

Healthy Domains Initiative Isn’t Healthy for the Internet

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

Why the Republican Policy Brief on Copyright Should Have Been Withdrawn

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of Representatives, inadvertently released a policy brief entitled "Three Myths About Copyright Law" which was quickly withdrawn.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

Simplifying Legalese

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

Broadband Labels are Here

On October 10, all ISPs in the United States were supposed to have implemented and posted broadband labels. The labels were required as part of the Infrastructure Investment and Jobs Act. Large ISPs had to post labels six months ago, and now the requirement is for all ISPs. I looked at the ISPs in a few counties I'm very familiar with, and I found a few ISPs in each county that have not posted labels that I can find on their website. more

Coachella Unsuccessful in Domain Name Dispute, Failing to Prove Bad Faith Use and Registration

The Complainant is the owner of the well-known Coachella festival. It owns a trademark registration, issued in 2016, for the mark CHELLA. The Respondent asserted that he intended to use the disputed domain name to set up an online women's clothing store but never did so. He claimed that growing up, his nickname was "Chelle" and that he modified that name to make it sound more feminine for use in connection with the store. more

Economy-of-Scale for ISPs

I've worked with a number of small communities that want to explore the idea of having a community-owned ISP. My advice to small communities is the same as with all clients - economy-of-scale really matters for ISPs. Economy-of-scale is the economic term for describing how businesses get more efficient as they get larger. It's fairly easy to understand, and the classic example is to look at the impact of the salary and costs of the general manager of an ISP.  more

How Safe Are Your .KIDS?

This year has been one of the busiest years for domain launches in quite a while. Before the end of 2022, we'll see one more significant domain launch, namely .KIDS, on November 29, 2022. This extension is being launched as a safe space on the internet for children and parents. The registry has set out some very strict use policies to make this happen. Some companies have already registered their brands during the Sunrise Period, while others have taken up names in the Community Sunrise. more

Availability Analysis of Brandable Variant-String Domain Names

For any entity looking to launch a new company or other initiative, a primary requirement is often the selection of an appropriate brand name and the acquisition of a relevant associated domain name. In light of the increasing shortage of short, unregistered memorable names on popular domain name extensions (TLDs), many organisations are choosing to adopt novel or invented brand names and/or consider the use of alternative TLDs. more

How Brexit Raises Risks for Non-Compliant .EU Domain Names

On June 3, 2020, EURid, the registry for .EU domains, published its timeline and action plan to withdraw and delete .EU domains registered to entities and individuals located in the U.K. ... Following the .EU regulations that were published on March 29, 2019, registrations of .EU domain names may be held by EU citizens, citizens of Iceland, Liechtenstein, and Norway, independent of their place of residence -- as well as organizations that are established in the EU. more

COVID-19: Business and Brand Protection Response

With the COVID-19 health crisis evolving so quickly, it's hard to predict the extent of the long-term impact on business and the economy. While every business sector is facing different considerations, it's safe to say all are handling challenges from supply chain interruptions, rapid shifts to remote work, and massive changes in consumer spending and communication habits. more

Telecoms Development Booming in the French Pacific Territories

After the nuclear submarine debacle with France, political ties have been restored, and both France and Australia have agreed on further cooperation in the South Pacific, where France has several overseas territories. Also, here telecoms is a key issue. Such cooperation has become more urgent with the increased political interest of China in the region. more

Brand Abuse and IP Infringements – Part 2: Enforcement and Return on Investment

In the first article in this two-part series, we looked at the impact of brand abuse and infringements against intellectual property (IP) on an organization's brand value. In this second article, we delve into how action against enforceable infringements can deliver tangible return on investment (ROI) for a brand, and demonstrate the importance of a robust brand protection program. more