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It has taken almost three years -- by some counts, more than 6 years -- but ICANN's domain name policy making organization has finally taken a stand on Whois and privacy. And the results were a decisive defeat for the copyright and trademark interests and the US government, and a stunning victory for advocates of the rights of individual domain name registrants... more
Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more
Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more
BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more
The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses. more
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
The wide availability of dangerous and addictive drugs is ravaging society. Such devastation is bringing ever-increasing attention from legislators, regulators and from families who have lost loved ones. The Canadian International Pharmacy Association (CIPA) believes that the online marketing and sales of such products should be banned immediately. We call on governments, technology platforms, and the ICANN community to act quickly and bring an end to opioid sales online. more
The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more
Following our previous article on the Euro 2020 football tournament that looked retrospectively at domain name registrations relating to the competition, this article considers activity on eCommerce marketplaces. For this study, our Discovery Engine technology was used to conduct a regular series of scans across key international online marketplaces. We monitored for listings (offers of sale) relating to Euro 2020 clothing and merchandise. more
During last week's ICANN71 Virtual Policy Forum, the Brand Registry Group (BRG) held a very informative session about how ICANN can help potential applicants prepare for the next new gTLD round. Speakers during the session provided historical perspective that applicant guidebooks have regularly evolved over time as a result of community review and feedback provided to ICANN, providing concrete examples of how the current applicant guidebook was developed. more
In the run-up to the postponed Euro 2020 football championships, we've analyzed historical registration trends in domains containing the terms "euro2020" or "euro2021." A number of previous studies -- looking at events as diverse as the COVID pandemic, the annual holiday season shopping events, and the Reddit campaign relating to the manipulation of the stock price of U.S.-based retailer GameStop -- show a link between real-world events and spikes in online activity. more
Managing the risk of third parties has become a compliance focus for many large organizations. Companies even work with third-party service providers and external vendors just to manage this risk. The recent SolarWinds attack escalates the critical need for chief compliance officers to collaborate with their business counterparts to identify and mitigate potentially unknown threats that lie within third-party supply chains. Yet how can companies manage this risk when it's not if but when you're attacked? more
Domain name abuse is one of the most dangerous and under-regulated issues in digital business security today. Many of the largest companies in the world still lack basic domain security protocols, making them prime targets for bad actors. An attack on a domain can lead to the redirection of a company's website, domain spoofing, domain and domain name system (DNS) hijacking attacks, phishing attacks, network breaches, and business email compromise (BEC). more
CSC recently participated in an open discussion at the World Trademark Review's APAC WTR Connect, where we moderated a discussion with brand owners, Western Digital and PVH, and platform owner, Alibaba, on the topic: "Making the Platform Relationship Win-Win." How do brands define what a platform is? For the brand owners, a platform could be any distribution service of their products -- be it a traditional eCommerce marketplace like Alibaba or Amazon.com -- or other digital service enablers... more
Public Interest Registry (PIR) announced the creation of the DNS Abuse Institute about two months ago as it believes that "every .ORG makes the world a better place" and "anything that gets in the way of that is a threat," notably in the form of Domain Name System (DNS) abuse. To show support for the initiative, WhoisXML API analyzed monthly typosquatting data feeds for December 2020, January 2021, and February 2021 to identify .ORG domain trends... more
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