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Uniform Domain-Name Dispute-Resolution Policy (UDRP) Rule 1 defines Reverse Domain Name Hijacking (RDNH) as "using the Policy in bad faith to attempt to deprive a registered domain name holder of a domain name"... There has been a mixed history in granting and denying this remedy for overreaching rights. Some Panels consider RDNH regardless whether it has been requested (even if respondent defaults in responding to the complaint); others will only consider the issue if requested. more
Afnic, the French Network Information Centre and manager of the .fr TLD, today published its report on the global domain market in 2016. more
I've said many times that winning a domain name dispute under the Uniform Rapid Suspension System (URS) is much more challenging than under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, that doesn't mean trademark owners should take the UDRP for granted. One complainant learned that lesson an especially hard way -- first by losing a URS determination and then by losing a UDRP decision on the same domain name. more
Donuts Inc., a leading domain name registry for new top-level domains and Rightside Group today announced a merger agreement; Donuts has agreed to acquire Rightside for $10.60 per share in an all-cash tender offer, for an aggregate purchase price of approximately $213MM. more
A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more
Efforts to combat cybersquatting began in earnest in 1998 when the World Intellectual Property Organization (WIPO) (at the request of the United States Government supported by all member states) began an extensive process of international consultations "to address cross-border trademark-abusive domain name registrations." ... The extensive process concluded in the Spring of 1999 with WIPO publishing a detailed report... more
On May 31, British broadband provider EE discontinued service for a number of email domains: Orange.net, Orangehome.co.uk, Wanadoo.co.uk, Freeserve.co.uk, Fsbusiness.co.uk, Fslife.co.uk, Fsmail.net, Fsworld.co.uk, and Fsnet.co.uk. These domains were acquired by EE as part of multiple mergers and acquisitions. On their help page, EE explains that the proliferation of free email services with advanced functionality has led to a decrease in email usage at these domains. 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
Coca-Cola received a fair amount of press for using a number of emoji domains for its 2015 marketing campaign in Puerto Rico. And other companies including Budweiser, Honda and Ray-Ban followed suit, registering various emoji domains to tap into the youth market. However, the increasing interest in their use has raised some questions and concerns. more
The Uniform Domain Name Dispute Resolution Policy now has seventeen years of history. A high percentage of disputes are indefensible and generally undefended. As the history lengthens, early registrants of dictionary word-, common phrase-, and arbitrary letter-domain names have been increasing challenged in two circumstances, namely by businesses who claim to have used the unregistered terms before respondents registered them and later by emerging businesses with no history prior to the registrations of the domain names. more
Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions" -- commonly referred to as "WIPO Jurisprudential Overview 3.0." more
Hundreds of country and territory domain names are likely to be finally released this year based on the new resolution that calls for ICANN to take "all steps necessary" to do so. more
Is there any act more primary than naming? It comes before all else and makes possible what follows. For the most part, names are drawn from cultural assets: collections of words, geographic locations, family names, etc. They can be valuable, which is why they are guarded, protected, and hoarded. The balancing of rights among those competing for names is a deliberate feature of the Uniform Domain Name Dispute Resolution Policy (UDRP). more
Part 2: How do I choose the right option for my brand? In my previous article, I discussed the question of how to represent .brand domains in advertising. As you can imagine, it's a balancing act -- stimulating awareness of the domain, creating the desired customer behavior of the future using .brands, whilst ensuring that we are considerate to the fact that .brands are yet to hit mainstream awareness. Sounds simple right? more
Social and Digital Marketing are two of the fastest growing, and arguably the most important, pieces of branding today. According to eMarketer, 2017 digital marketing expenditures will account for 38.4% of total ad spending and are projected to be almost 45% by 2020. This is double what they were just a few years ago and growth doesn't seem to be slowing down. more
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