Domain Management

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. more

The Countdown Has Started – Here Come One-Year Digital Certificate Life Cycles

Apple announced its decision to trust only one-year digital certificates on its Safari browser in February 2020. This decision created a domino effect, with Mozilla and Google following suit; certificate providers announced they would not issue two-year certificates after Aug. 19, 2020. We wrote an article in March to help brands to prepare for this change. more

A CENTR White Paper on Creating More Standardized and Streamlined Domain Registry Lock Services

CENTR has published a white paper separating registry lock services into two standardized models. This categorization and the included recommendations can help top-level domain registries (re)design their registry lock services. The aim of the paper is to reduce fragmentation in implementation between registries to explain the value of registry lock to domain holders more easily. more

Reasons Why You Should NOT Apply for a .BRAND New gTLD

There are two kinds of new domain name extensions: those dedicated to selling domain names through the network of accredited Registrars and those dedicated to a personnel use. I call these "dotBRANDs" or ".brand" new gTLDs since they are used - most of the time - by Trademarks for their own benefit. This article focuses on .BRAND new generic Top-Level Domains. In the ICANN vocabulary, these are "Registry Agreements with Specification 13". more

How Digital Asset Management May Change Due to COVID-19

One of the "fathers of the internet," Vint Cerf, in a September 2019 article he published, said: "Today, hackers routinely break into online accounts and divert users to fake or compromised websites. We constantly need to create new security measures to address them. To date, much of the internet security innovation we've seen revolves around verifying and securing the identities of people and organizations online. more

Assessing Intent to Cybersquat

It, perhaps, does not have to be said that cybersquatting is an intentional tort. No one would expect the respondent to admit unlawful intention, but complainant's proof must nevertheless support that contention. The Panel in Hästens Sängar AB v. Jeff Bader / Organic Mattresses, Inc. FA2005001895951 (Forum July 31, 2020) reminds us that it takes more than bad faith use of a domain name to find cybersquatting. more

How Brexit Raises Risks for Non-Compliant .EU Domain Names

On June 3, 2020, EURid, the registry for .EU domains, published its timeline and action plan to withdraw and delete .EU domains registered to entities and individuals located in the U.K. ... Following the .EU regulations that were published on March 29, 2019, registrations of .EU domain names may be held by EU citizens, citizens of Iceland, Liechtenstein, and Norway, independent of their place of residence -- as well as organizations that are established in the EU. more

How Global Trends Arising from COVID-19 May Influence Online Brand Protection Strategies

We're in an interregnum where society has paused, and there's no telling how things may turn. In such times of crisis, we are the explorer; exploring the uncharted waters of change, where dangers and opportunities lie. How the pandemic caused this greater societal change may not be something that an individual can alter, we may, however, take the helm and navigate. more

i2Coalition and The Domain Name Association Announce Their Intent to Merge

The Internet Infrastructure Coalition (i2Coalition) and The Domain Name Association (DNA) have announced their intent to merge, forming the largest Internet infrastructure advocacy group in North America. more

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. more

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. more

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... more

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... more

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. more

The Impact of a Pandemic on Cyberattacks and Business Continuity Plans

A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. more