The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more
The post reconsiders a cooperative solution to cybersquatting that I proposed in 2007. I also draw on examples of success and failure of legal actions to protect intellectual property (IP) licensing. Cybersquatting has gone unabated with the new gTLDs despite the introduction of new protection instruments such as the Trademark Cleaning House (TMCH) database and the availability of Uniform Rapid Suspension (URS) services, as well as declarations by registries of their intentions to block unauthorized registrations. more
Michael Berkens reporting in TheDomains.com: "WIPO has been taking Screenshots of whatever is on a domain name as soon as a UDRP Is filed and they have been furnishing the screenshot to the UDRP panel who has been taking the screenshot into account as evidence in making their determination... Mr. Berryhill has been working behind the scenes to confirm that WIPO has in fact has been taking a screenshot of the domain name upon receipt of a UDRP complaint and furnishing it to the panel without the knowledge of the domain holder and of course has been telling WIPO why its just plain wrong." more
Here at the Anti-Phishing Working Group meeting in Hong Kong, we've just released the latest APWG Global Phishing Survey. Produced by myself and my research partner Rod Rasmussen of Internet Identity, it's an in-depth look at the global phishing problem in the second half of 2013. Overall, the picture isn't pretty. There were at least 115,565 unique phishing attacks worldwide during the period. This is one of the highest semi-annual totals we've observed since we began our studies in 2007. more
A Swiss Del Monte entity that had a license to use the "DEL MONTE" mark applies to operate the .delmonte generic top level domain (gTLD). Another Del Monte entity, based in Delaware, filed a "legal rights objection" (LRO) - under WIPO-established procedures - to the Swiss Del Monte's application. A three member panel sustained the Delaware company's LRO... The Swiss entity sued in federal court seeking a declaration that it had sufficient rights in the "DEL MONTE" mark to operate the TLD... more
Because domain names represent the online identity of individuals, businesses and other organizations, companies and organizations large and small have expressed increasing concern over reports of "domain name hijacking," in which perpetrators fraudulently transfer domain names by password theft or social engineering. The impact of these attacks can be significant, as hijackers are typically able to gain complete control of a victim's domain name - often for a significant period of time. more
Type www.z10.com into your browser and you'll arrive at an Amazon page on which "Global Mobiles" sells unlocked BlackBerry Z10 phones. What? Did you expect to be directed to a BlackBerry (formerly Research In Motion) site just because the Z10 has been touted as the phone that will help make or break the struggling company? What happened? A savvy domain speculator realized that his or her domain name had become a hot commodity... more
Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp, rncafee, macvvorld, rnonster, pcvvorld). He points the domain names to the actual sites in question (e.g., rncdonalds points to mcdonalds.com), but he is looking to demonstrate how these typo domains are used for "social engineering" attacks. more
Really ICANN? The Trademark Clearinghouse provides unprecedented protection. According to your recent announcement it does. Do tell, ICANN -- in what way does the Trademark Clearinghouse protect anything? more
With the Trademark Clearinghouse (TMCH) expected to begin accepting submissions within the next month or so, many companies are now attempting to identify marks for inclusion. As a reminder, the TMCH is a centralized repository of validated rights which will be used in support of ICANN's New gTLD Program. Submissions to the TMCH enable brand owners to register their trademarks as domain names during so-called Sunrise Periods. more
The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). more
As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more
Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark. more
Tomorrow, January 12th 2012 ICANN will open the application window for new TLDs. This post includes answers to some of the based frequently asked questions. If you have any other questions/queries, or if something is unclear please let me know via the comment at the end of the post. more
Who would have ever believed that .XXX would finally be approved AND launched, total domains registrations would continue to grow at 10% year over year, ICANN would be in the process of preparing for the launch of new gTLDs in the face of harsh criticism, and that both Go Daddy and Group NBT would be acquired by private equity firms. As we look back over the past year, here are the top 10 biggest domain stories of 2011. more
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