Brand Protection

Key Findings from the 2021 Domain Security Report

With cybercrime on the rise, companies in 2021 have experienced increased ransomware attacks, business email compromise (BEC), phishing attacks, supply chain attacks, and online brand and trademark abuse. While domain cyber risk is rising, the level of action being taken by Forbes Global 2000 companies to improve their domain security posture has remained unchanged, leaving these companies exposed to even more risk. The risk of not addressing your domain security can be catastrophic. more

What Is the Domain Name Expiry Cycle and Why Should You Know About It?

Domain names are registered by the thousands every day. In July 2021, 236,336 domains were newly registered daily on average across all top-level domains (TLDs). Tens of thousands were also newly expired. Other months could be just as busy. "Newly registered" and "newly expired." Those are two terms I often get questions about. Newly registered domains are domains that someone just reserved, typically through a registrar or web hosting company. Newly expired domains, meanwhile, are those domains that someone had reserved but decided to let go for one reason or another. more

What Due Diligence Satisfies Domain Name Registrant’s Representations (UDRP)?

Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more

To Block or Not to Block?

Domain blocking mechanisms are an important element of an organization's defensive domain strategy. With the introduction of the New Generic Top-Level Domain (gTLD) Program by the Internet Corporation for Assigned Names and Numbers (ICANN) in 2013, brand owners were faced with a new challenge -- protecting their marks without overburdening their budgets. Defensive domain registrations were and still are an effective way in which a brand can protect itself in domain namespaces.  more

Offering Price as Evidence of Bad Faith Domain Name Registration: A False (UDRP) Factor

I have pointed out in earlier posts that some panelists disapprove of the business of speculating in domain names. There have been a succession of decisions expressing this view beginning with <crew.com> discussed below. Forfeiture has been justified with a mixture of theories. If the offering price is allegedly "excessive" or the domain name is passively held, or the respondent has renewed its registration after the mark is first used in commerce, the panelists find respondents have engaged in unlawful conduct and must forfeit their domain names. more

Euro 2020 Part Three: Domains (Revisited) and Other Channels

In this final article in the series of studies looking at Euro 2020-related infringements, we revisit domain name infringements and consider activity across other online channels, with a focus on social media and mobile apps. Following the original study, which looked at domains registered before May 2020 with names containing "euro2020" or "euro2021," we analyzed daily activity levels in the period immediately preceding and during the competition. more