Law

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more

How to Get a Domain Name Transferred Under the URS

The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more

German Minister Calls for Rules Allowing Nations to Attack Foreign Hackers

Germany is trying to beef up its cyber defense, after the interior minister called for rules that allow nations to attack foreign hackers targeting critical infrastructure. more

Operator of .feedback Says Breach Cured, Threatens MarkMonitor for Disclosure of Confidential Info

It has been reported that Jay Westerdal, CEO of ‘.feedback’, has confirmed the registry has cured the breached in response to ICANN ruling reported last month. more

Dissecting the (Likely) Forthcoming Repeal of the FCC’s Privacy Rulemaking

Last week, the House and Senate both passed a joint resolution that prevent's the new privacy rules from the Federal Communications Commission (FCC) from taking effect; the rules were released by the FCC last November, and would have bound Internet Service Providers (ISPs) in the United States to a set of practices concerning the collection and sharing of data about consumers. The rules were widely heralded by consumer advocates, and several researchers in the computer science community, including myself, played a role in helping to shape aspects of the rules. more

Trademarks and Domain Names Composed of Common Terms

The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more

How Long Does a URS Case Take?

The Uniform Rapid Suspension System (URS) -- which allows a trademark owner to suspend certain domain names, especially those in the "new" gTLDs -- was designed as a quicker and less-expensive alternative to the Uniform Domain Name Dispute Resolution Policy (UDRP). As I've written frequently before, there are significant differences between the URS and the UDRP. One of those differences is how long a typical proceeding lasts. more

ISPs May Be Required to Remove Content, Shutdown Websites Under New EU-Wide Rules

Under a draft legislation approved by the Internal Market and Consumer Protection Committee on Tuesday, national enforcement authorities would be required to have a set of powers to detect and halt online breaches of consumers' rights across the European Union. more

Owner of .Feedback in Breach of Registry Agreement, Rules ICANN

"The Internet Corporation for Assigned Names and Numbers (ICANN) has ruled that .feedback owner Top Level Spectrum (TLS) is in breach of its registry agreement," Barney Dixon reporting in IPPro The Internet. more

How Long Does a UDRP Case Take?

The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more

Sanctionable Conduct for Abusing the UDRP Process

To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more

Early Disclosure of UDRP Complaints

Under the previous rules for the Uniform Domain Name Dispute Resolution Policy (UDRP), domain name registrants that had a complaint filed against them were supposed to be notified of the complaint by the trademark owner that filed it. Then, a revised set of UDRP rules that went into effect in 2015 eliminated the complainant's obligation to notify the respondent. Instead, the new rules only require the UDRP service provider (such as WIPO or the Forum) notify the respondent, presumably after the registrar has locked the domain name, preventing any transfers. more

Large Companies (Un?)knowingly Hire Spammers

This morning, CSO and MacKeeper published joint articles on a massive data leak from a marketing company. This company, River City Media (RCM), failed to put a password on their online backups sometime. This leaked all of the company's data out to the Internet at large. MacKeeper Security Researcher, Chris Vickery discovered the breach back in December and shared the information with Spamhaus and CSO online. The group has spent months going through the data from this spammer. more

Healthy Domains Revisited: The Pharmaceutical Industry

Users scored an exciting victory over copyright-based censorship last month, when the Domain Name Association (DNA) and the Public Interest Registry (PIR), in response to criticism from EFF, both abruptly withdrew their proposals for a new compulsory arbitration system to confiscate domain names of websites accused of copyright infringement. But copyright enforcement was only one limb of the the DNA's set of Registry/Registrar Healthy Practices. more

New Cybersecurity Regulations in New York Go Into Effect

Major financial firms operating in New York will face stiff cybersecurity obligations starting Wednesday under a new regulation introduced in the city. more