Cybersquatting

Cybersquatting / Most Viewed

Creating, Protecting and Defending Brand Equity - Part 2

In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity. 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»

Risk of Portfolio Approach to Cybersquatting

A secret weapon is falling into dangerous hands. Organized cybercriminals are building up portfolios of cybersquatting domain names. A smart operator with such a portfolio can go beyond simple stealing and competing full out for traffic and revenues. Rightful brand owners, feeling the squeeze, will find out too late that the bandits have the money to fight legal action. The time to act is now, before pieces of the playing field have been bought up by the enemy. more»

Domains and the Freedom to Speak

For a very long time, predating the birth of ICANN, there's been a running battle about what should be required when one registers domain names. To oversimplify quite a lot, one side sees domain names as an essential component of free speech, so anyone should be able to register any domain without limit, the other notes that they're primarily used for commercial purposes and they enable quite a lot of mischief, so the more control, the better. 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»

A Unique Seven-Month Long Study of the Typosquatting Landscape

A group of researchers from Belgian University of Leuven and US-based Stony Brook University have conducted a one of a kind content-based typosquatting experiment that studies the typosquatting phenomenon "longitudinally", i.e., in time.  more»

Online Property Protection and the Public Interest

Proposals to enhance online property protection have received a lot of attention lately. Brand managers, goods manufacturers, and content distributors strenuously argue that current law enforcement mechanisms are inadequate to meet the challenges of today's fast-paced marketplace. They specifically note that foreign-based "rogue websites" continue to distribute unlicensed products and content despite existing rules; they maintain that new legislation is needed to empower intellectual rights holders to counter such cyber-criminals more effectively. more»

Creating, Protecting and Defending Brand Equity - Part 3

In the final of my three-part post series about how to protect your trademark against misuse, I will focus on proactive searching and policing and the benefits these can provide to brand owners. ... Proactive searching and policing of your brand is a prudent step in making sure your name is protectable. This is an advisable first step in naming a product or service. more»

What is 'On-Tap' at ICANN 38 - Brussels (There's More to Belgium than Beer!)

As the shorter of the ICANN interregnums comes to a close and the ICANN faithful finalize their dinner reservation agendas for Brussels, it is time again for a preview of what will be 'on-tap' at next week's ICANN meeting. While, as always, there is a lot going on in ICANN Land, a scan of the blogosphere and ICANN list serves suggests that the four most discussed topics will be... more»

Domain Name Registration: Not a Technology Service Any More?

It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more»

WIPO's Misleading Release

The World Intellectual Property Organization put out a release yesterday trumpeting an eight percent increase in domain name disputes handled by WIPO. In 2008 there were 2329 complaints filed with WIPO, the most ever. WIPO uses the increase to raise questions about the possible increase in the number of available generic top-level domains... more»

Cybersquatter Hit With Maximum Penalty

Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more»

Domain Name Disputes Doubled Since 2003, Origin of Most Cases in US

Domain name disputes have been on steady rise for the past several years and have more than doubled since 2003. As reported today by Pingdom, while there was a period between 2000 and 2003 when the number of domain dispute cases declined, they have been continuously increased since 2003 with most cases involving more than one domain name. more»

Working With ICANN's IRT and Not Against is in Order

ICANN realized during the Mexico City public meeting that its draft proposals for new generic Top-Level Domains (gTLDs) did not take sufficient account of the trademark problems that might arise if the new top level domains become havens for cybersquatters. ICANN sensibly asked the trademark and brand owners to propose rules and procedures that might address these problems... more»

The Trembling Trademark Owners

Why is so much fear being created in the name of protecting trademark owners? Say, if ICANN allowed some third party a generic Top-Level Domain (gTLD) called .panasonic will the sky fall? No, not at all, as Panasonic, the true and rightful TM holder will hit the unauthorized gTLD with a 2x4 and no judge would oppose issuing a cease-and-desist order. Now the other question is... more»