With the COVID-19 pandemic persisting, online shopping will be the preferred method for the 2020 holiday shopping season. While staying home to shop is the safest option right now, it means consumers are more vulnerable to online fraud, counterfeits, and cyber crime. Increased online activity provides opportunities for unscrupulous infringers to abuse trusted brand names to drive visitors to their own fraudulent content. more
Domain names registered under United Arab Emirates' recently liberalized county code Top-Level Domain (.ae) have attracted such high level speculative interests that red flags have been raised within the country's regulatory agency. Domain names such as 'vip.ae' and 'vips.ae' registered only a little over a year ago are currently receiving multi-million dollar offers according to reports. Abu Dhabi's newspaper, The National, reported last week that the Telecommunications Regulatory Authority (TRA), the .ae administrator, has stated "registering a UAE domain with no intention other than to resell it could hurt the registrants if they are later accused of registering the site in bad faith, something forbidden by its rules." more
A cybersecurity company recently attempted reverse domain name hijacking for an exact match domain name of its brand, and in so doing, failed in both its bid to take ownership of the domain and potentially damaged their reputation by using this somewhat nefarious tactic and abusing the Uniform Domain Name Dispute Resolution Policy (UDRP) process. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more
The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more
Domain Pulse, the yearly get-together of the German-speaking registries of nic.at (Austria), Denic (Germany) and SWITCH (Switzerland) is happening on February 21 and 22 in Vienna. The conference alternates between the countries -- last year it was Switzerland, this year Austria and next year Germany... Domain Pulse covers everything in the domain name arena from management of the DNS, what's happening in each of the ccTLDs, after market and domaining, security threats to the DNS and internet as well as wider issues affecting the internet's development such as internet governance. more
A discussion is presently underway about the Uniform Rapid Suspension System (URS) (and in Phase 2 next year of the Uniform Domain Name Resolution Policy (UDRP)), whether it is performing as intended. The URS is less than five years old, and there are not an overwhelming number of decisions. Since 2013, rights holders have filed less than one thousand complaints (with three providers, the Forum being the most active), which translates into less than 170 decisions annually... more
It is not surprising that the phase 1 review of domain name rights protection mechanisms is delayed, but it is a bit of a surprise that in responding to a question posed in 2020, business executives and their lawyers replied with answers first offered and rejected five years earlier. In that time before COVID-19, the launch of the Vox Populi Registry and its dotSucks domain names drew quite a lot of attention. more
The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more
People are growing increasingly alarmed by recent examples of bad actors abusing proxy services offered by registrars. While proxy services are designed to protect the privacy of legitimate domain name users - they do the opposite when abused by cybercriminals. Responsible Proxy providers play a key role in mitigating abuse. When they don't act responsibly - it's clear they contribute to the problem. more
The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more
When in the Fall of 1999 the Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Domain Name Dispute Resolution Policy, it did not come with a fully formed jurisprudence. Panelists were essentially on their own in creating it. They had some guidance from a lengthy and detailed report published by the World Intellectual Property Organization ... and a basket of principles derived from trademark law, but panelists had to build the jurisprudence from scratch. more
As the steward of .ORG, Public Interest Registry is committed to serving as an "exemplary registry" for the DNS. As part of that mission, PIR published our Anti-Abuse Principles last year that serve as our north star to address questions of abuse. As PIR has stated on many occasions, generally speaking, the DNS is not the appropriate place to address questions of website content abuse because of the blunt tool we as a registry have and the collateral damage that can be caused by suspending a domain name for a piece of content. more
Headline in TheDomains.com, June 18, 2016: "Wow: 20 Year Old Domain Name WorldTradeCenter.com Lost in UDRP." For those who don't follow UDRP decisions carefully this may elicit, how can this be? Well, surprised or not, and assuming complainant has priority in the string of characters that is both a domain name and a trademark... delay is not a factor in prevailing on cybersquatting claims when there is an alignment of other factors... more
To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more
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