Domain Management

What Trademark Owners Need to Know to Avoid Reverse Domain Name Hijacking

A cybersecurity company recently attempted reverse domain name hijacking for an exact match domain name of its brand, and in so doing, failed in both its bid to take ownership of the domain and potentially damaged their reputation by using this somewhat nefarious tactic and abusing the Uniform Domain Name Dispute Resolution Policy (UDRP) process.

The State of DNS Abuse: Moving Backward, Not Forward

ICANN's founding promise and mandate are optimistic -- ensure a stable and secure internet that benefits the internet community as a whole. Recent months, however, have highlighted the uncomfortable truth that ICANN's and the industry's approach to DNS abuse is actually moving backward, ignoring growing problems, abdicating on important policy issues, and making excuses for not acting. Further, the impending failure of ICANN's new WHOIS policy to address cybersecurity concerns will add fuel to the fire, resulting in accelerating DNS abuse that harms internet users across the globe.

Confusingly Similar But No Likelihood of Confusion in UDRP

The word "confusion" in the Uniform Domain Name Dispute Resolution Policy (UDRP) signifies two separate states of mind. The first in ¶4(a)(i) appears in the phrase "identical or confusingly similar to a trademark or service mark in which the complainant has rights." It is a test to determine whether the mark owner has standing to maintain a UDRP proceeding.

Beware of Abandoned Domain Names in this Turbulent Time and as the Global Economy Changes

The outbreak of COVID-19 has caused worldwide disruption -- for whole nations and their economies. Unfortunately, there will be some side effects for businesses. A number of brands will disappear from the streets and shelves, as businesses that fail to weather the storm will have to fold. Companies that do survive will likely focus more on their core markets, pulling brands out of higher risk, less profitable markets...

Exceedingly Close and Difficult UDRP Cases

The ordinary run of cybersquatting cases is neither "exceedingly close nor difficult." Quote from Harvest Dispensaries, Cultivations & Production Facilities, LLC v. Rebecca Nickerson / Rock City Harvest, FA2004001892080 (Forum June 26, 2020) which is one of those rare cases in which the case was exceedingly close and difficult. For 90% of the docket (the percentage has been creeping up since 2016), even when Respondent appears (which it mostly does not), there is neither a defense nor merit to Respondent's contentions.

When is Similarity Confusing? Cybersquatting and Abusive Registration

The case I'm reporting on today has garnered attention from a number of quarters. One commentator, Andrew Allemann tells us that "[he's] struggling with this UDRP decision" and Nat Cohen of Telepathy Inc. in a couple of Tweets and a private conversation is concerned that the holding could be a Trojan Horse by erasing the distinction between merely confusing and confusingly similar. The problem centers on the Panel's holding that everyfamily.org is confusingly similar to EVERYTOWN...

Asserting but Not Proving Cybersquatting Under the UDRP

Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections...

Article 22 of the GDPR Should Not Preclude Contemplated Automation

There is an ongoing disagreement among various members and groups in the ICANN community regarding automation -- namely, whether and to what extent automation can be used to disclose registrant data in response to legitimate data disclosure requests. A major contributing factor to the complications around automation has been confusion about how to interpret and apply Article 22 of the GDPR.

Your Domain Name Does Matter in Search Results – Microsoft Says So!

I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post.

Hundreds of “George Floyd” and “Black Lives Matter” Domain Names Appear in the DNS

Trending news and global events impact domain registration behaviors. We observed a slew of coronavirus-themed domain name registrations, for example, as early as January. George Floyd's death, which sparked several Black Lives Matter movements, is no different. Three days after George Floyd died, our data feed started detecting George Floyd-themed domain names... We retrieved all domain names that contain the strings "eorge," and "lackliv" from 28 May to 7 June and found 402.