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Brand Protection / Featured Blogs

When is Similarity Confusing? Cybersquatting and Abusive Registration

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

Is Booking.com a Generic Term?

A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more

Online Businesses to Benefit from Supreme Court "Booking.com" Ruling

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

Asserting but Not Proving Cybersquatting Under the UDRP

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

Your Domain Name Does Matter in Search Results – Microsoft Says So!

I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post.  more

Thumb on the Scales

Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more

The Impact of a Pandemic on Cyberattacks and Business Continuity Plans

A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. more

CircleID Launches the First in a Series of Community Dialogues on COVID-19 and the Internet

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

When It Comes to Domain Name Rights Protection, scapegoat.sucks

It is not surprising that the phase 1 review of domain name rights protection mechanisms is delayed, but it is a bit of a surprise that in responding to a question posed in 2020, business executives and their lawyers replied with answers first offered and rejected five years earlier. In that time before COVID-19, the launch of the Vox Populi Registry and its dotSucks domain names drew quite a lot of attention. more

A Cautionary Tale of Reputation Damage: Striking the Right Balance With Brand Protection

In early March 2020, a well-known European fashion brand found themselves on the receiving end of a protest campaign on social media. The background to the case was the fact that, in 2019, the brand had launched a cease and desist (C&D) action against a small, U.K.-based company in response to their use of similar product names and sale of associated clothing merchandise. more

Industry Updates

Upward Trend Seen in "All Lives Matter," "BLM," and "Protest" Domain Registrations

Punycode Phishing: Internationalized Domain Names Remain a Threat in 2020

Domain Security Report – Forbes Global 2000 Companies

WhoisXML API Detects Hundreds of Microsoft-Inspired Typo Domains

Typosquatting Data Feed Can Enhance Lloyds Bank's Typosquatting Protection

60+ PayPal Potential Typosquatting Domains Detected in the Beginning of June

Typosquatting Domains Every AppleID Owner Should Avoid

Shopping and the Pandemic: Increased Reliance on Mobile Apps 

Typosquatting Protection: A Look into Instagram-Themed Domain Names

Newly Registered Domains List Show Recent Registrations Continue to Pose Cybersecurity Risks

How to Avoid Phishing Campaigns Targeting CARES Act Recipients

Newly Registered Domains Database Shows Threat Actors Exploit the Need for N95 Masks amid the Pandem

Under the Hood of 3M- and 3M Mask-Themed Recently Registered Domains

Domain Intelligence Shows Cybercriminals May Abuse Video-Conferencing Services' Brand Names

Even for Available Domain Names, There Is No Leaving WHOIS History to Chance