Domain Names

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union.

Losing a UDRP Case: Questionable Decision or Questionable Submission?

Complainants naturally want to prevail on their claims of alleged infringing conduct and respondents (when they appear) naturally do their best to resist having their domain names taken from them in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), but their success depends on their submitting the right constituents of fact and proof. In a forum that has adjudicated over 60,000 cases, it would be surprising if there were no questionable or badly reasoned decisions.

Brands and Domains Conference Recap

The best and most knowledgeable experts of dot Brand met in the Brands and Domains conference, on October 2 and 3 in the Hague, Netherlands. Brand and project owners were also present, coming from all around the world -- from Australia or Japan to the USA and Canada. The keynote by Georges-Edouard Dias, CEO of Quantstreams and founder of the concept of brand hospitality, explained how customers are not anymore the targets of brands.

Popular ccTLDs for Domain Name Disputes

As I've written before, the registry operators for many country-code top-level domains (ccTLDs) have adopted the Uniform Domain Name Dispute Resolution Policy (UDRP) or a variation of it, while other ccTLDs have crafted their own dispute policies, or none at all. Although no ccTLD appears as frequently as .com in domain name disputes, it's interesting to see which ccTLDs are subject to dispute the most often.

ADNDRC Launches “Guide to HKIAC Domain Name Dispute Resolution”

In celebration of Hong Kong Arbitration Week (15-20 October 2017), the Asian Domain Name Dispute Resolution Centre (ADNDRC) at the Hong Kong International Arbitration Centre (HKIAC), the first ICANN accredited Uniform Domain Name Dispute Resolution Policy (UDRP) provider based in Asia, will launch its landmark Guide to HKIAC Domain Name Dispute Resolution (the "Guide").

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights...

Will October Be Our Biggest Month Yet for .brand TLDs?

I'll admit I tend to get evangelical when I'm talking about .brands. To me and the team at Neustar, every development in this space is exciting and significant and we're always eager to share the latest news and insights. But you don't have to be a .brands nut to see that the last few weeks have shown some serious signs of momentum. And it makes me wonder, with everything that's developed in just the last week or two, could we be set for October to be the biggest month in .brands we've ever seen?

‘Beyond the Scope’ of the UDRP

Not all domain name disputes are appropriate for resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP). While the UDRP is clearly the "go-to" legal tool for trademark owners pursuing cybersquatters, some disputes are about larger -- or different -- issues than the UDRP was designed to address. As stated in WIPO's Overview: Depending on the facts and circumstances of a particular case, and irrespective of whether the parties may also be engaged in court litigation...

General Data Protection Regulation and the Future of WHOIS

Why does all of the discussion around potential options for WHOIS in the era of the EU's GDPR (General Data Protection Regulation) feel like déjà vu? Is it because issues around WHOIS never really go away, and become a hot topic every few years? Is it because no one is really happy with the current system? Privacy advocates would be delighted to do away with it altogether, while business and Intellectual Property professionals press for improvements to accuracy and availability, which I fully support.

Domain Marketing for Powerful Branding

46 percent of U.S. small businesses still don't have a website for their company. Without a website, these businesses are missing the most critical piece to their overall success and are causing users to be unable to easily find their products, services and offerings. Domain names are the foundation of a business's digital identity. Relying on nothing more than a Facebook page or an Instagram account makes companies too dependent on a single outlet and reliant on the popularity of a specific platform.