Philippe Rodhain

Philippe Rodhain

Intellectual Property Lawyer
Joined on June 14, 2003
Total Post Views: 126,763

About

Philippe Rodhain is an intellectual property lawyer specialising in domain name issues, holding an University Post-graduate professional degree (Agreement & Industrial Property) Law Faculty (Strasbourg, France) and the Centre for International Industrial Property Studies (CEIPI). He had worked for Australian patent and trade mark attorneys firms for two years and then returned to France. He has joined Schmit-Chretien-Shihin SNC, a French patent and trade mark attorneys firm, and is running their trade mark department in their office in Bordeaux.

Featured Blogs

The Launch of .pro Domain for Professionals

From 5 April to 14 May 2004 trade mark owners can apply in the .pro domain for defensive registrations corresponding to their marks. The .pro domain is only available to doctors, lawyers and CPAs during this period, known as a "sunrise period". ...During the period when the creation of ten new generic domains is being discussed, it seems timely to wonder whether the multiplicity of generic extensions is not killing the specificity inherent of each of them. In addition, having a "sunrise period" for this new domain might be perceived by trade mark owners as an invitation to spend money rather than as a measure aimed at protecting their intellectual property rights. more»

New Regime for Registration of .fr

Association Francaise pour le Nommage Internet en Cooperation ("AFNIC"), the domain name authority managing the French country code top level domain, is introducing a new regime for registration of .fr domain names. Among the main changes, the new regime abolishes any "right to the name". Until now an applicant for registration of a .fr domain name must prove that the domain name reflects its company name, business name or trade mark that is in force in France. more»

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part III

In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more»

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part II

In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark's characteristics. The first part of this article can be found here. In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question. more»

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the Policy), is to determine disputes relating to the registration or acquisition of domain names in bad faith. Under the Policy, the complainant must establish that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name registrant has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.

Whilst requirements (i) and (ii), at first glance, do not appear difficult to meet, it is not the same with requirement (iii). In fact, a serious problem arises for the complainant when a registrant has registered domain names in bulk, but has not used them i.e. they have not been resolved to any active website. more»

Introduction Of A New Domain: The Sweden Way

Network Information Centre Sweden AB (NIC-SE), which is the organization that administers .se domain names, will be introducing a new regime for registration of .se domain names.

Under the new regime, applicants from all over the world will be able to apply for registration of a .se domain name without needing to prove that the desired domain name reflects a company or organization name. There will no longer be preliminary examination of applications for registration of .se domain names nor any restriction on the number of .se domain names per applicant. It will also be possible to register geographical names as .se domain names. However, non-Swedish applicants (those without a permanent business place or address in Sweden) must provide a local contact (i.e. person or entity who is permanently resident in Sweden). more»

UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part II

The first part of this article offered background examination on why Uniform Dispute Resolution Policy (UDRP) fails to apply to domain name renewals. Here, in the second part of this two part series, we will examine UDRP further by reviewing cases involving the renewal of domain name registrations. more»

UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the "Policy"), is to determine disputes relating to the registration or acquisition of domain names in bad faith. To succeed in a UDRP action (i.e. to obtain cancellation or transfer of the disputed domain name) it is necessary for the party bringing the complaint (the complainant) to show that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name holder (known as the respondent) has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith. Each of the aforesaid three elements must be proved by the complainant to warrant relief.
 more»

Topic Interests

Domain NamesLawDNSICANNUDRPCybersquattingCybercrimeCybersecurity

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Popular Posts

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part I

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part III

The Launch of .pro Domain for Professionals

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part II

UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part I