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With the end of March upon us already, we take a fresh look at .kpmg and its ongoing .brand usage strategy in our first quarterly report of the year. A review of Alexa.com rankings for .brands and other new gTLDs is included as well as an examination of the factors that have affected registration rates for new gTLD launches from 2019 and 2020. Our MarkMonitor team of experts also analyzes the ICANN Final Report on the new gTLD Subsequent Procedures Policy Development Process... more
While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more
Domain names, domain name systems (DNS), and digital certificates are fundamental components of the most important applications that enable your company to conduct business - including your website, email, voice-over IP, and more. However, these vital applications are being attacked with an increasingly high level of sophistication and severity. more
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
The International Trademark Association's Blockchain Subcommittee is interested in meeting companies working on Blockchain applications related to intellectual property. The Blockchain Subcommittee's mission is to explore the use of blockchain technology in trademark prosecution, maintenance, protection, and practice, including the opportunities and threats to the value of trademarks, brands, and consumer trust in emerging blockchain technologies. more
When a brand goes so far as to ask a domain name registrar for Whois (the registration contact details) of a potentially abusive domain name, there's likely a lot at stake. Most often, the request is prompted by consumer safety concerns, such as the risk to consumers posed by a malicious site. Other times, the demand has a simple goal: to have a dialog with the registrant about the use of trademarks or other intellectual property in order to avoid extreme action. more
Clarivate has once again surveyed global business leaders about the importance of domain names to their organizations, including the role of domains as intellectual property (IP) assets. The 2020 survey followed up on our 2019 survey, revealing key year-over-year trends in how organizations manage, secure and budget for domain names. In this blog, we review key trends from the new report. more
The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall... 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
UDRP Paragraph 4(c) states as a preamble that "[a]ny of the following circumstances, in particular, but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interest to the domain name for purposes of Paragraph 4(a)(ii)." Three nonexclusive circumstances are listed. more
On January 14, 2021, the Office of the United States Trade Representative (USTR) released its 2020 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List, or NML). This publication enumerates online and physical markets that have been reported to engage in trademark, counterfeiting, and copyright infringement at scale. For the first time, the NML documents show how internet platforms play a part in bringing illicit goods into the US. more
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
For complainant, the second leg in determining cybersquatting under the Uniform Domain Name Dispute Resolution Policy (UDRP) is evidence respondent lacks both rights and legitimate interests in the challenged domain name (Paragraph 4(a)(ii)). I underscore "both" because proving one but not the other is not good enough. This seems obvious, so why suggest there is something to explore about "rights" and "legitimate interests" if their meanings hardly need explication? more
With the COVID-19 pandemic persisting, online shopping will be the preferred method for the 2020 holiday shopping season. While staying home to shop is the safest option right now, it means consumers are more vulnerable to online fraud, counterfeits, and cyber crime. Increased online activity provides opportunities for unscrupulous infringers to abuse trusted brand names to drive visitors to their own fraudulent content. more
Speculation in one form of another has an ancient and honorable history. It not only creates entrepreneurial activity but fuels markets for selling wares and offering services, but also generates competition for consumers and wars over loyalty. The commercialization of the Internet in the 1990s, which extended market activity into virtual (cyber) space, has many of the virtues of the actual but also its vices: cheating and fraud, and other skullduggery. more
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