Domain Management

Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names.

A Mexican Standoff in Wonderland

Wikipedia defines a Mexican standoff as "a confrontation in which no strategy exists that allows any party to achieve victory. As a result, all participants need to maintain the strategic tension, which remains unresolved until some outside event makes it possible to resolve it." This would be an apt way to describe what may be possibly occurring presently between the Internet Corporation for Assigned Names and Numbers (ICANN) and its largest ratepayer, VeriSign.

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result.

Corporate Domain Management in 2019: Consolidated Portfolio or Two-Vendor Approach – Why Not Both?

For close to 15 years, when it comes to domain name management, I've personally touted two things: 1) the importance of using a single, secure, corporate domain name registrar and 2) the importance of having a fully-consolidated domain name portfolio for even the largest portfolios. And in many ways, this made sense back then. With a single, corporate-focused registrar, domain professionals were able to access and manage all domains from within a centralized repository.

What Modern Businesses Need to Know Regarding Geo Names and Jurisdiction in Domain Name Disputes

The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names.

Words and Descriptive Phrases as Trademarks Registered as Domain Names

In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace.

Domain Abuse: Are We Speaking the Same Language?

For those of us in the domain name industry, it's clear that security threats and the way we track, report, and mitigate them has been a topic of increased discussion and focus in recent months. As we prepare to come together as a community again at the next ICANN public meeting in Marrakech, many of us will look to continue these conversations, as there is no doubt it is a topic of importance, relevance and urgency for our community at this time.

Trademark Owners Beware – There’s a New Brand Identifier to Worry About

You might not understand how crypto-currencies or blockchain wallets work, but Facebook's announcement this week is a clear signal that these new technologies will soon become ubiquitous. Facebook's introduction of its own crypto-currency to its 2 billion users means mass adoption of crypto-currencies and digital wallets are on the horizon. This has implications that trademark owners need to be aware of.

All Domain Name Professionals – Now Is the Time for a Portfolio Review

As we move further into the summer months and the demands made upon domain professionals typically ease, now is the ideal time to review domain name portfolios. And technology solutions can greatly automate this process. Ensuring that portfolios are pared, appropriate levels of security are implemented, and domains point to relevant content are all key areas upon which to focus.

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.