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Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more
Facebook-owned Instagram has filed legal proceedings in the US to have a 2011 domain name purchase of 'instagram.com' upheld and block a 'sham' lawsuit in China. more
As if there weren't enough problems with lawyers sending out improper cease-and-desists, Wired News reports that a Nevada man has pleaded guilty to impersonating a lawyer to extort domain registrants to turn over their domain names. "A Nevada man pleaded guilty Thursday to his plotting to steal domain names from their legitimate owners by impersonating a California intellectual property lawyer and send threatening letters to domain name owners in hopes of convincing them to turn over the domains to him..." more
UDRP Paragraph 4(c) states as a preamble that "[a]ny of the following circumstances, in particular, but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interest to the domain name for purposes of Paragraph 4(a)(ii)." Three nonexclusive circumstances are listed. more
While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more
The legal issues surrounding the sudden success of "Pokemon Go" -- one of the world's fastest-growing apps or games -- are popping up as quickly as unhatched Eggs at a PokéStop. Within days of the game's release, the National Safety Council issued a call that "urges pedestrians to exercise caution while playing the Pokémon Go augmented reality game" and "implores drivers to refrain from playing the game behind the wheel." more
A group of researchers from Belgian University of Leuven and US-based Stony Brook University have conducted a one of a kind content-based typosquatting experiment that studies the typosquatting phenomenon "longitudinally", i.e., in time. more
Despite the launch of more than 1,200 new gTLDs, .com remains far and away the most popular top-level domain involved in domain name disputes. In 2016, .com domain names represented 66.82 percent of all gTLD disputes at the World Intellectual Property Organization (WIPO), the only domain name dispute provider that publishes real-time statistics. And, as of this writing, the rate is even higher so far in 2017, with .com domain names accounting for 69.78 percent of all disputes. more
For registrants who are not trademark owners losing their domain names can be an irretrievable loss; and for trademark owners, perhaps not irretrievable but fraught with uncertainties of recovery. ICANN attempted to solve the problem of inadvertent lapses of registration in the Expired Registration Recovery Policy (ERRP) and its companion the Expired Domain Name Deletion Policy (EDNDP), implemented in 2013. more
If we traveled back in time, we would discover that unauthorized squatting on someone else's property is an ancient tort, but in cyberspace, it dates from the mid-1990s. Its emergence brought together governments and intellectual property stakeholders to demand a rights protection mechanism devised to deal with this new form of squatting. In 1999 the World Intellectual Property Organization (WIPO) completed its work on a proposal for an online rights protection mechanism which ICANN crafted into the Uniform Domain Name Dispute Resolution Policy (UDRP). more
On the sunny beaches of Anguilla -- a small island of just 35 square miles -- I'm sure artificial intelligence (AI) is the last thing people are thinking about. The primary industries of Anguilla, set in the Leeward islands in the Caribbean, are tourism and offshore banking. However, this nation has been assigned the country code top-level domain (ccTLD) .AI -- which is being repurposed to represent artificial intelligence. more
As a result of ICANN's IDN ccTLD Fast Track process, which was launched in November of last year, a number of new ccIDNs (Country Code Internationalized Domain Names) have been successfully added to the root including: China (.??, .??), Egypt (.???), Hong Kong (.?? ), Russia (.??), Saudi Arabia (.????????), Taiwan (.??, .??) and the UAE (.??????). ... With so many new registration possibilities available, and several Sunrise periods quickly approaching, many corporate domain managers are asking themselves whether new registrations should be added to portfolios which are already bursting at the seams. more
There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more
Given the number of awards endlessly arriving from Panels appointed to decide cybersquatting disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) (ten to fifteen published daily), the sum total of grievants filing de novo challenges under the Anticybersquatting Consumer Protect Act (ACPA) is remarkably small -- one or two at most in any single year; and those rarely proceeding to summary judgment or trial. more
As we move further into the summer months and the demands made upon domain professionals typically ease, now is the ideal time to review domain name portfolios. And technology solutions can greatly automate this process. Ensuring that portfolios are pared, appropriate levels of security are implemented, and domains point to relevant content are all key areas upon which to focus. more
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