What's at the heart of cybersquatting may also be at the heart of free speech on the Internet: the diversion of Internet users looking for plaintiff's web site to defendant's web site. Cybersquatters register domain names to accomplish this, while meta-infringers (as we will call them) use HTML code and search engine optimization techniques. Meta-infringers do this by creating keyword density by using competitor's trademarks and permutations thereof in their website in order to rank higher in the search engine results when someone searches on the competitor's trademarks. more
While typosquatting is not a new phenomenon, recent research highlights that it is being used to collect sensitive corporate information from employees and lure consumers to interact with dubious websites. ... Security consultancy Godai Group recently uncovered the use of a specific type of typosquat - a "doppelganger domain" - to collect sensitive enterprise information via email-based attacks. more
My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more
A recent study took an in-depth look at the scale and the risk of domain name typosquatting -- the practice of registering mis-spellings of popular domain names in an attempt to profit from typing mistakes. "Applying every possible one-character typo to the domain names of Facebook, Google, Twitter, Microsoft, Apple and Sophos," Paul Ducklin, Sophos' Asia Pacific head of technology collected HTTP data and browser screenshots from 1502 web sites and 14,495 URLs. In this report, Ducklin analyses the data revealing unexpected results within the typosquatting ecosystem. more
I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more
The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... 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
With cybercrime on the rise, companies in 2021 have experienced increased ransomware attacks, business email compromise (BEC), phishing attacks, supply chain attacks, and online brand and trademark abuse. While domain cyber risk is rising, the level of action being taken by Forbes Global 2000 companies to improve their domain security posture has remained unchanged, leaving these companies exposed to even more risk. The risk of not addressing your domain security can be catastrophic. more
The cybersecurity landscape in 2024 has been characterised by unprecedented complexity and rapidly evolving threats, presenting significant challenges for organisations across all sectors. As the digital attack surface expands and threat actors employ increasingly sophisticated techniques, domain security has emerged as a critical component of a robust cybersecurity strategy. more
Legal Corner Press, LLC recently announced the publication of Domain Name Arbitration: Asserting and Defending Claims of Cybersquatting Under the Uniform Domain Name Dispute Resolution Policy, authored by Gerald M. Levine, intellectual property attorney, with Foreword by Hon. Neil A. Brown QC, former member of the Australian Parliament and a UDRP panelist. more
Complainant sells RV parts and accessories in the eastern part of Tennessee. Respondent, no stranger to UDRP proceedings, registers domain names and sets up pages with pay-per-click ads related to the subject of the words in the domain name. Though Complainant had been operating on the web since mid-2004, which is the same year it incorporated, it claimed that its predecessor in interest had been using the ADVENTURERV trademark since 1989. more
The Coalition Against Domain Name Abuse (CADNA) has released a report today suggesting that the Internet Corporation for Assigned Names and Numbers' (ICANN) anticipated launch of 400 generic top-level domains (gTLDs) could cost brand owners worldwide over $746 million. "CADNA's findings are based off a document released by ICANN last month regarding the expected number of gTLDs, or the letters found after the last dot of a domain name like .COM or .ORG, that will be created during the first round of the TLD launch." On the other hand, Earlier this year, Minds + Machines reported on an analysis predicting new gTLDs will only cost $.10 per trademark worldwide. more
David Pecker is the chairman of American Media, Inc., publisher of, among others, National Enquirer and Weekly World News. 'Mr. Ferris' registered the domain name DAVIDPECKER.COM, had a PPC company host it, where it was keyed to ads for porn, because, according to the registrant, the word PECKER was in the domain name. Mr. Pecker brought a UDRP. Although 'Mr. Ferris' (as he is identified in the decision) did not seem (to me) that he could establish a bona fide intent to use the name in conenction with an offering of goods or services, and altohugh there seemed to be plausible evidence of bad faith, the UDRP was denied... more
How are domain names dealt with in Russia? This article discusses current issues related to the registration and assignment of domain names in ".ru" zone (Russian top level country code domain) and trademark protection on Internet. more