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Although including multiple domain names in a single UDRP complaint can be a very efficient way for a trademark owner to combat cybersquatting, doing so is not always appropriate. One particularly egregious example involves a case that originally included 77 domain names -- none of which the UDRP panel ordered transferred to the trademark owner, simply because consolidation against the multiple registrants of the domain names was improper. more
It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more
WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more
A series of articles published by EFF, coinciding with ICANN's 60th meeting in Abu Dhabi this week, Jeremy Malcolm warns that domain name registrars, registries and ICANN can become "free speech week leaks" for online censorship. more
Internet penetration in the Middle East tripled in the past eight years, from 20 per cent in 2009 to 60 per cent this year as a result of the introduction of Arabic domain names. more
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. more
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. more
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. more
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"). more
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? more
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... more
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. more
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. more
It will come as no surprise to those who've read my blogs that I get pretty excited about seeing .brand domains launch. At Neustar we're all in on promoting .brand usage in any industry, from all around the world and as such, we're always watching closely for any signs of new domains on the horizon, trawling for case studies or any hint of new activity. So imagine my surprise when a brilliant .brand example jumped out in front of me at JFK airport. more
Websites associated with the upcoming referendum in Catalonia are being blocked by ISPs in Spain. While several of the domain names used by advocates of the Catalan referendum have been seized by authorities others are being blocked by the ISPs in Spain. For those of us outside Spain the blocking has zero impact on us, so we can see the sites without any issue, but for users in Catalonia, ISPs are blocking access. more
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