Domain Management

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Apple (Not Surprisingly) is Not a Cybersquatter

It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more

Confusing Similarity of Domain Names is Only a 'Standing Requirement' Under the UDRP

WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more

Losing a UDRP Case: Questionable Decision or Questionable Submission?

Complainants naturally want to prevail on their claims of alleged infringing conduct and respondents (when they appear) naturally do their best to resist having their domain names taken from them in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), but their success depends on their submitting the right constituents of fact and proof. In a forum that has adjudicated over 60,000 cases, it would be surprising if there were no questionable or badly reasoned decisions. more

Brands and Domains Conference Recap

The best and most knowledgeable experts of dot Brand met in the Brands and Domains conference, on October 2 and 3 in the Hague, Netherlands. Brand and project owners were also present, coming from all around the world -- from Australia or Japan to the USA and Canada. The keynote by Georges-Edouard Dias, CEO of Quantstreams and founder of the concept of brand hospitality, explained how customers are not anymore the targets of brands. more

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more

Abusive and Malicious Registrations of Domain Names

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more

Fighting Phishing with Domain Name Disputes

I opened an email from GoDaddy over the weekend on my phone. Or so I initially thought. I had recently helped a client transfer a domain name to a GoDaddy account (to settle a domain name dispute), so the subject line of the email -- "Confirm this account" -- simply made me think that I needed to take another action to ensure everything was in working order. But quickly, my radar went off. more

Post-UDRP, ACPA Actions Challenging Awards

The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive remedy for cybersquatting, but it is by far the preferred forum. Direct actions in courts of competent jurisdiction, the Anticybersquatting Consumer Protection Act (ACPA) in the U.S. are minimal in comparison, and it is rare for respondents to remove disputes to a court of competent jurisdiction before a UDRP decision (paragraph 4(k) of the Policy). Less rare (but not copious) are post-UDRP challenges under the ACPA. more

.site Domain Names Eclipse .xyz in Dispute Proceedings

Despite the launch of more than 1,200 new generic top-level domains (gTLDs) in recent years, .com remains - far and away - the top-level domain that appears most frequently in decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, some new gTLDs are attracting more disputes, including .site, which has become the new gTLD that, so far this year, has appeared in the most UDRP decisions. The rise of .site represents a change from last year, when .xyz was the most-often disputed new gTLD. more

Proving and Protecting Rights to Domain Names

At their best, UDRP panelists are educators. They inform us about the ways in which parties win or lose on their claims and defenses. What to do and not do. In addressing this issue, I'm referring to less than 10% of cybersquatting disputes. For 90% or more of filed complaints, respondents have no defensible answer and generally don't even bother to respond. But within the 10%, there are serious disputes of contested rights (contested even where respondent has defaulted). more

Is a New Set of Governance Mechanism Necessary for the New gTLDs?

In order to be able to reply to the question of whether a new set of governance mechanisms are necessary to regulate the new Global Top Level Domains (gTLDs), one should first consider how efficiently the current Uniform Domain-Name Dispute-Resolution Policy (UDRP) from the Internet Corporation for Assigned Names and Numbers (ICANN) has performed and then move to the evaluation of the Implementations Recommendations Team (ITR) recommendations. more

Trademark Registrations on the 'Supplemental Register' Don't Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more

No Time Bar, No Laches under the UDRP

Two Uniform Domain-Name Dispute-Resolution Policy (UDRP) decisions posted this month involved domain names registered 20 and 21 years ago, David Duchovny v. Alberta Hot Rods c/o Jeff Burgar, 21 years and Commonwealth Bank of Australia v. Registration Private, Domains By Proxy, 20 years. Complainants prevailed in both cases. The domain names stand out as being the oldest to have been found registered in bad faith, and transferred. more

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. more

After 21 Years, Actor David Duchovny Wins His Domain Name

While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more

News Briefs

EFF Warns ICANN Not to Engage in Censorship, Says It Should Stick to Technical Role

Dell Loses Key Customer Support Domain Name for a Month, Site Exposed to Questionable Content

Cycling Legend Greg LeMond Sues Cybersquatters Upward of $6.6 Million

Russian Interference More Vigorous than Assumed, Over 39 States Targeted During Election

CADNA Returns to Lobby for Stronger Cybersquatting Laws

New Technique Detects and Eliminates Abusive Domains at Time of Registration

WIPO Reports Rise in Cybersquatting Cases, Triggered by New gTLDs

Facebook-owned Instagram Wants Domain Deal Upheld

Harm Caused by Typosquatting Is Still Modest, Research Suggests

Newly Released "Domain Name Arbitration" Book Offers Guide for Navigating UDRP

A Unique Seven-Month Long Study of the Typosquatting Landscape

WIPO Taking Screenshots of Filed UDRPs

Google Denied Right to Oogle.com, Registrant May Keep Domain

ICANN CEO: Top-Level Domain Expansion Has Been Anything But Rushed

Typosquatted Domain Names Pose Plenty of Risk But Surprisingly Little Malware

ICANN Asked to Delay New gTLD Expansion at the House of Representatives Committee Hearing

US Senate Committee Holds Hearing on ICANN's New TLD Expansion

Court OKs Private Seizure of Domain Names That Allegedly Sold Counterfeit Goods

UK Domain Registry Considers Criminal Domain Takedown Rules

FORUM Reports Steady Domain Dispute Filings in 2009, Also Issued Largest Single Decision on Record

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