Law

Differing UDRP Decisions Show That Facts Matter

"Past performance does not necessarily predict future results." That's what the U.S. Securities and Exchange Commission requires mutual funds tell investors. But it's also true about domain name disputes. Cases in point: In four recent proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), the operator of a large bank won two decisions but lost two others, despite a track record of having won more than 30 previous UDRP disputes.

Help Us Answer: What Will the Internet Look Like in 10 Years?

What will the Internet look like in the next seven to 10 years? How will things like marketplace consolidation, changes to regulation, increases in cybercrime or the widespread deployment of the Internet of Things impact the Internet, its users and society? At the Internet Society, we are always thinking about what's next for the Internet. And now we want your help!

Cyber-Terrorism Rising, Existing Cyber-Security Strategies Failing, What Are Decision Makers to Do?

While conventional cyber attacks are evolving at breakneck speed, the world is witnessing the rise of a new generation of political, ideological, religious, terror and destruction motivated "Poli-Cyber™" threats. These are attacks perpetrated or inspired by extremists' groups such as ISIS/Daesh, rogue states, national intelligence services and their proxies. They are breaching organizations and governments daily, and no one is immune.

How a ‘Defensive Registration’ Can Defeat a UDRP Complaint

A company that registers a domain name containing someone else's trademark may be engaging in the acceptable practice of "defensive registration" if (among other things) the domain name is a typographical variation of the registrant's own trademark. That's the outcome of a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a case in which the domain name in dispute, idocler.com, contained the complainant's DOCLER trademark -- but also contained a typo of the respondent's DOLCER trademark.

Fairness & Due Process Require Changes to ICANN’s “Updated Supplementary Procedures” to the IRP

The Updated Supplementary Procedures for Independent Review Process ("IRP Supplementary Procedures") are now up for review and Public Comment. Frankly, there is a lot of work to be done. If you have ever been in a String Objection, Community Objection, or negotiated a Consensus Policy, your rights are being limited by the current way the IRP Supplementary Procedures proposal is structured. With timely edits, we can ensure that all directly-impacted and materially-affected parties have actual notice of the IRP proceeding...

How a Plaintiff Was Undeceived and Lost at Spam Litigation - What Nobody Told You About!

Back in 2003, there was a race to pass spam legislation. California was on the verge of passing legislation that marketers disdained. Thus marketers pressed for federal spam legislation which would preempt state spam legislation. The Can Spam Act of 2003 did just that... mostly. "Mostly" is where litigation lives. According to the Can Spam Act preemption-exception...

CircleID’s Top 10 Posts of 2016

The new year is upon us and it's time for our annual look at CircleID's most popular posts of the past year and highlighting those that received the most attention. Congratulations to all the 2016 participants and best wishes to all in the new year.

Internet Governance Outlook 2017: Nationalistic Hierarchies vs. Multistakeholder Networks?

Two events, which made headlines in the digital world in 2016, will probably frame the Internet Governance Agenda for 2017. October 1, 2016, the US government confirmed the IANA Stewardship transition to the global multistakeholder community. November 2, 2016, the Chinese government announced the adoption of a new cybersecurity law which will enter into force on July 1, 2017.

Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym.

It’s Official: 2016 Was a Record Year for Domain Name Disputes

As I predicted more than three months ago, 2016 turned out to be a record year for domain name disputes, including under the Uniform Domain Name Dispute Resolution Policy (UDRP). That's according to statistics from the World Intellectual Property Organization (WIPO), the only UDRP service provider that publishes real-time data on domain name disputes. WIPO's statistics show 3,022 cases in 2016 -- an increase of almost 10 percent from 2015. The previous most-active year for domain name disputes was 2012...