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Either because of laxness on the part domain name holders or cunning on the part of thieves, registrars have been duped into transferring domain names to fraudsters' accounts. I discussed the matter last year in Recovering Domain Names Lost to Fraudulent Transfer. These cases are mostly filed in the Eastern District of Virginia, Alexandria Division, for the good reason that the registry for dot com is located in that jurisdiction and they are mostly recovered. more
Has your organization recently received an email claiming to be from NABP's Internet Drug Outlet Identification Program (IDOI)? If so, it is possible that someone is trying to trick you. The NABP IDOI team's email account has recently been illegally "spoofed" by unaffiliated persons or organizations. Email spoofing involves the forgery of an email header so that the email appears to have originated from someone other than the actual source. more
One of the "fathers of the internet," Vint Cerf, in a September 2019 article he published, said: "Today, hackers routinely break into online accounts and divert users to fake or compromised websites. We constantly need to create new security measures to address them. To date, much of the internet security innovation we've seen revolves around verifying and securing the identities of people and organizations online. more
It, perhaps, does not have to be said that cybersquatting is an intentional tort. No one would expect the respondent to admit unlawful intention, but complainant's proof must nevertheless support that contention. The Panel in Hästens Sängar AB v. Jeff Bader / Organic Mattresses, Inc. FA2005001895951 (Forum July 31, 2020) reminds us that it takes more than bad faith use of a domain name to find cybersquatting. more
On June 3, 2020, EURid, the registry for .EU domains, published its timeline and action plan to withdraw and delete .EU domains registered to entities and individuals located in the U.K. ... Following the .EU regulations that were published on March 29, 2019, registrations of .EU domain names may be held by EU citizens, citizens of Iceland, Liechtenstein, and Norway, independent of their place of residence -- as well as organizations that are established in the EU. more
We're in an interregnum where society has paused, and there's no telling how things may turn. In such times of crisis, we are the explorer; exploring the uncharted waters of change, where dangers and opportunities lie. How the pandemic caused this greater societal change may not be something that an individual can alter, we may, however, take the helm and navigate. more
The Internet Infrastructure Coalition (i2Coalition) and The Domain Name Association (DNA) have announced their intent to merge, forming the largest Internet infrastructure advocacy group in North America. more
The word "confusion" in the Uniform Domain Name Dispute Resolution Policy (UDRP) signifies two separate states of mind. The first in ¶4(a)(i) appears in the phrase "identical or confusingly similar to a trademark or service mark in which the complainant has rights." It is a test to determine whether the mark owner has standing to maintain a UDRP proceeding. more
Afnic, the association that manages and operates various TLDs including the .fr, has published its report on the global domain name market in 2019. The report highlights a slight upturn in the market, which has generally continued the growth initiated in 2018. Thus, the global domain name market accounted for approximately 346 million domain names at the end of December 2019, up 4.7% compared to 4.0% in 2018. more
The ordinary run of cybersquatting cases is neither "exceedingly close nor difficult." Quote from Harvest Dispensaries, Cultivations & Production Facilities, LLC v. Rebecca Nickerson / Rock City Harvest, FA2004001892080 (Forum June 26, 2020) which is one of those rare cases in which the case was exceedingly close and difficult. For 90% of the docket (the percentage has been creeping up since 2016), even when Respondent appears (which it mostly does not), there is neither a defense nor merit to Respondent's contentions. more
The case I'm reporting on today has garnered attention from a number of quarters. One commentator, Andrew Allemann tells us that "[he's] struggling with this UDRP decision" and Nat Cohen of Telepathy Inc. in a couple of Tweets and a private conversation is concerned that the holding could be a Trojan Horse by erasing the distinction between merely confusing and confusingly similar. The problem centers on the Panel's holding that everyfamily.org is confusingly similar to EVERYTOWN... more
The ICANN Registrar Stakeholder Group (RrSG) is one of several stakeholder groups within the ICANN community and is the representative body of ICANN accredited domain name registrars. It is a diverse and active group that works to ensure the interests of registrars and their customers are effectively advanced. The leadership team (ExCom) consists of five officers who manage the Registrar Stakeholder Group. more
Today, in U.S. Patent and Trademark Office v. Booking.com, the Supreme Court of the United States has affirmed that generic terms including .com domain names may be trademarked when consumers do not perceive the mark to signify the class of services, with heightened distinctiveness and recognition attributable to top-level domains that add meaning like .club, .guru, and .vip. more
While the EU is boasting about the success of its flagship privacy law, the General Data Protection Regulation (GDPR), the U.S. administration is ramping up attacks on the system, saying it provides cover to cybercriminals and threatens public health. more
Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more
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