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
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
The COVID-19 pandemic has led to the rapid migration of the world's workforce and consumer services to virtual spaces, has amplified the Internet governance and policy issues including infrastructure, access, exponential instances of fraud and abuse, global cooperation and data privacy, to name but a few. The need for practical, scalable and efficient solutions has risen dramatically. more
Internet Governance, like all governance, needs to be founded in guiding principles from which all policy making is derived. There are no more fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article as Part 5 of the series of articles (published in installments), and we are revisiting Article 15 to look at empowered Digital Citizenship and Internet Governance, to move on to the rights to a family and property more
As anyone reading this blog, assuredly knows, the world is in the grip of a deadly pandemic. One way to contain it is contact-tracing: finding those who have been near infected people and getting them to self-quarantine. Some experts think that because of how rapidly newly infected individuals themselves become contagious, we need some sort of automated scheme. That is, traditional contact tracing is labor-intensive and time-consuming - a time we don't have. more
Trademark owners in the U.S. have a choice in suing for alleged cybersquatting: either the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA). Of the two, the UDRP is far and away the forum of choice for a very good reason: it is speedy, efficient, and inexpensive. Complaint to award can be concluded in less than 45 days. more
Despite a recent Ninth Circuit decision denying immunity to malware detection software for targeting competitor's software, court holds that Section 230 protected Malwarebytes from liability for designating software driver program as potentially unwanted program. Plaintiff provided software that works in real-time in the background of the operating system to optimize processing and locate and install missing and outdated software drivers. more
This is Part 4 of a series of articles published (here in CircleID) on the UDHR and human rights in the cyberspaces of the Internet Ecosystem. Here we discuss Articles 13-15 and touch on other topics such as the role of cyber governance, empowered digital citizenship, and whistleblowers. At this point in this series of articles on the UDHR in the digital age, it is useful to pause and remind ourselves of the purpose of this analysis. more
There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more
Internet Governance like all governance needs to be founded in guiding principles from which all policy making is derived. There are no better fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 3 of a series exploring the UDHR as a guide and template for the digital governance and digital citizenship. We discuss UDHR Articles 6 through 12 and address topics such as fundamental digital values, cyberlaw, policymaking and the role of tribunals in digital governance. more
There is a difference, of course, between asserting a claim that cannot possibly succeed in an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) and being unprepared to prove a claim that may have merit with the right evidence. Still, there is also an overlapping similarity in that complainants are either shockingly unfamiliar with UDRP procedures and jurisprudence... more
With 2019 coming to a close, we're not just saying goodbye to the past 365 days, we're also saying goodbye to an entire decade. As we bid farewell to the 2010s, we're taking this opportunity to look back and reflect on the digital decade as well as consider what the future might have in store for us all. The past ten years were a whirlwind of change, with new advances in technology exploding onto the market at a faster pace than ever before. more
Encryption is fundamental to our daily life. Practically everything we do online makes use of encryption is some form. Access to our financial transactions, health records, government services, and exchanged private messages are all protected by strong encryption. Encryption is the process of changing the information in such a way as to make it unreadable by anyone except for those possessing special knowledge (usually referred to as a "key"), which allows them to change the information back to its original, readable form. more
Russia has passed a law banning the sale of certain devices such as smartphones, computers and smart televisions if not pre-installed with Russian software. more
There are predatory-domain name registrants, and there are registrants engaged in the legitimate business of acquiring, monetizing and reselling domain names. That there are more of the first than the second is evident from proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). "Given the human capacity for mischief in all its forms, the Policy sensibly takes an open-ended approach to bad faith, listing some examples without attempting to enumerate all its varieties exhaustively. more
A World-Renowned Source for Internet Developments. Serving Since 2002.