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Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more
The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases against individual file sharers. The RIAA now says it will focus less on pursuing infringement litigation and more on working with internet service providers to shut down the accounts of individuals suspected of illegally trading files. more
It is ICANN's responsibility to make sure domain names do not infringe on trademarks. To determine infringement, ICANN should rely in the short term on predictive models. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility. more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
The Recording Industry Association of America (RIAA) has been taking a lot of people to court -- basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost... again. ...At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. more
I first outline a brief history of free file-sharing technology, then draw some general and domain name lessons, then outline the what, how, and why that make your activism effective and necessary... The domain name industry is decentralized and atomic in that anyone from anywhere in the world can register a domain name, keep the ownershp name and address private, and host it from a country where the U.S. and European legal systems don't apply. Thus, legal action will only drive domain owners further underground. more
Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy. The policy was to have provided new privacy protection to individual registrants - hundreds of thousands of Canadians - by removing the public disclosure of their personal contact information... Apparently I spoke too soon. more
Lots of coverage in the last two days about a Memorial Day weekend attack that took down the servers of Revision3, an Internet video network. This story has a lot of ingredients -- P2P maneuvering, DDoS attack, copyright vs. piracy, talk of laws broken and the FBI investigating. more
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
Building infrastructure for public trademark data revealed a familiar lesson from Internet protocols: publishing information is only the beginning. The real challenge is engineering resilient systems that withstand inconsistent formats, unreliable sources, and organisational complexity. more
The 2026 new gTLD round is less a domain application than a high-stakes contest for digital territory. Contention, objections, opaque evaluations and information gaps can derail applicants long before launch, demanding rigorous strategic preparation. more
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