Cybersquatting

Cybersquatting / Featured Blogs

Typosquatting Claims Against Security Researcher Are Legally Complicated - Gioconda v. Kenzie

Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp, rncafee, macvvorld, rnonster, pcvvorld). He points the domain names to the actual sites in question (e.g., rncdonalds points to mcdonalds.com), but he is looking to demonstrate how these typo domains are used for "social engineering" attacks. more»

ICANN's Trademark Clearinghouse to Provide Unprecedented Protections in the Domain Name Space - HUH?

Really ICANN? The Trademark Clearinghouse provides unprecedented protection. According to your recent announcement it does. Do tell, ICANN -- in what way does the Trademark Clearinghouse protect anything? more»

Preparing for the Launch of the Trademark Clearinghouse

With the Trademark Clearinghouse (TMCH) expected to begin accepting submissions within the next month or so, many companies are now attempting to identify marks for inclusion. As a reminder, the TMCH is a centralized repository of validated rights which will be used in support of ICANN's New gTLD Program. Submissions to the TMCH enable brand owners to register their trademarks as domain names during so-called Sunrise Periods. more»

Looking Ahead - UDRP Bad Faith Analysis and New gTLDs

The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). more»

The 'Domain Rights Dozen' - ICA's RPM Revision Review Principles

As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more»

Should "Fake" Oakley Websites Be Insulated From UDRP Law?

Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark. more»

2011 UDRP Filings Up at WIPO, Down at NAF - And Still Infinitesimal

The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more»

Fake Bank Site, Fake Registrar

In our continuing review of Rogue Registrars we have stumbled upon on a very elaborate fake banking site for "Swiss Bank" or "Bank of Switzerland". To the casual Internet consumer this site probably appears legitimate, but a number of clues tip off the fraud. Phishing sites are everywhere so this does not immediately raise eyebrows until you review the Thick WHOIS record for the domain. more»

ICANN and the Red Cross: An Exceptional Exception

ICANN's policy on the special protection of the Red Cross and the International Olympic Committee (IOC) names has triggered a very lively discussion including contributions by Konstantinos Komatis, Milton Muller, Wolfgang Kleinw├Ąchter, and myself (with Avri Doria's reply). There is an agreement that the exceptions are dangerous for ICANN's gTLD policy process which is in a formative and delicate phase. more»

De Facto Rules a Boon to Rogue Players

In Ian Flemming's Thunderball M sends 007 to the Bahamas on a hunch that SPECTRE is hiding something there. Well, it's been our hunch for a while that the Bahamas "office" for the Registrar Internet.BS does not exist. Now we have confirmation of such. It has been documented in an explosive undercover expose by LegitScript that Internet.BS address as stated could not be verified, could not accept mail, and that the business itself could not actually be found in the Bahamas. more»