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
Implementation of European Union's General Data Protection Regulation, or GDPR, is a major concern of our government, said David Redl during a meeting held on Thursday in Washington DC. more
A federal restraining order has been issued against a father and son accused of registering several domain names based on cycling legend Greg LeMond's name and his company. more
Reported in the Washington Post no less: "Dell Takes Cybersquatters to Court". As reported a few weeks ago, this is a very thorough action targeting certain practices and practitioners... I'm surprised a suit this thorough didn't name Google as a co-defendant. Then again, maybe it's not that surprising because Google offers a well liked product, has a lot more money; and a search partnership with Dell that allows Dell to share in the profit when its users engage in "right of the dot" typosquatting on Dell keyboards. It's funny, because one day, Dell could find itself on the defendant's side of the courtroom... more
In rem actions over domain names are powerful tools. A trademark owner can undertake these actions when it identifies an infringing domain name but cannot locate the owner of that domain name. In a sense, the domain name itself is the defendant. The Anticybersquatting Consumer Protection Act (which is a part of the federal trademark statute dealing with the unauthorized registration of domain names) says that a court can enter ex parte orders requiring a domain name to be turned over when... more
An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more
This article discusses grassroots progress toward the development of a "Domain Registrant's Code of Rights and Responsibilities." This Code is an effort to create a balanced combination of the rights that domain name registrants should enjoy and the responsibilities that domain name registrants should fulfill. Discussion and survey results concerning this Code at domain-related forums show far greater grassroots consensus than one might think between what might be called the "domainer" and "intellectual property" communities. Informal surveys at some domain-related forums show very strong support in favor of this Code. more
Speculation in one form of another has an ancient and honorable history. It not only creates entrepreneurial activity but fuels markets for selling wares and offering services, but also generates competition for consumers and wars over loyalty. The commercialization of the Internet in the 1990s, which extended market activity into virtual (cyber) space, has many of the virtues of the actual but also its vices: cheating and fraud, and other skullduggery. more
Navigation Catalyst Systems (NCS) has settled the well publicized cybersquatting lawsuit brought against it by Verizon. The terms of the settlement are simple and straight forward, amounting to little more than an agreement by NCS to no longer register domains similar to Verizon's trademarks again. No money was apparently paid by NCS as part of the resolution. more
Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more
On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more
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. more
Domain names, domain name systems (DNS), and digital certificates are fundamental components of the most important applications that enable your company to conduct business - including your website, email, voice-over IP, and more. However, these vital applications are being attacked with an increasingly high level of sophistication and severity. more
Managing the risk of third parties has become a compliance focus for many large organizations. Companies even work with third-party service providers and external vendors just to manage this risk. The recent SolarWinds attack escalates the critical need for chief compliance officers to collaborate with their business counterparts to identify and mitigate potentially unknown threats that lie within third-party supply chains. Yet how can companies manage this risk when it's not if but when you're attacked? more
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