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Challenging UDRP Awards in Courts of Competent Jurisdiction

The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive forum for the resolution of domain names accused of cybersquatting even though registration agreements use the word "mandatory" in the event of third-party claims. The UDRP is mandatory only in the sense that respondents are "obliged by virtue of the [registration] agreement to recognize the validity of a proceeding initiated by a third-party claimant." more»

The Impact of Reverse Domain Name Hijacking on Supplemental Filings in UDRP Cases

In another blog post, I wrote about the sometimes confusing circumstances in which domain name dispute panelists will consider supplemental, or additional, filings from the parties (in addition to a complaint and response) in cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). I quoted the WIPO Overview, which states, in part, that supplemental filings may be appropriate where a party can "show its relevance to the case and why it was unable to provide that information in the complaint or response." more»

ICANN the Machine…

ICANN's new gTLD expansion is really quite an ingenious ploy to grow the once small California non-profit into an unstoppable machine, worth hundreds of millions of dollars, which soon plans to finally be free from any external oversight. I have no doubt that ICANN pats itself on the back for pulling the wool over so many eyes, including stakeholders, new gTLD applicants, politicians, and the global general public. more»

Reselling Domain Names on the Secondary Market: Bona Fide Offering, or Not?

On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that "[t]here is no doubt Respondent is in the business of being a reseller of domain names that consist of common English words" and then suggested that the "fundamental question before the Panel is whether or not such a business should be allowed under the UDRP." He concluded that such a business should not be allowed... more»

Buying Multiple Domains Makes Sense

Companies usually use one single domain name for their online activities but then, more questions pop up: SEO, Infringement, Future of the company, monitoring online competition... If buying multiple domain names answers some of these questions, there is a way to do it. Here is how... It often happens that the domain name of a company is neither the generic keyword of its core business nor a keyword that necessarily appears attached to its name. more»

The Truth About Supplemental Filings in UDRP Cases

A typical proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) consists of a complaint and, sometimes, a response. UDRP Rule 12 makes clear that "further statements or documents from either of the Parties" are appropriate only if "the Panel... request[s], in its sole discretion." In practice, however, such supplemental or additional filings are not uncommon, with the leading UDRP service providers - WIPO and the Forum - issuing guidance about when they may be appropriate. more»

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more»

Why Registry Service Providers Should be Accredited by ICANN

The merits of a Registry Service Provider accreditation programs have been debated across the Domain Industry since the most recent round of Domain Name Registries were introduced starting in 2012. This post discusses the early reasoning in support of an accreditation program; changes in the policy considerations between 2012 and now; the effects of competition on the landscape; a suggestion for how such a program might be implemented; and why such a program should be introduced now. more»

Losing and Reclaiming Domain Names

For registrants who are not trademark owners losing their domain names can be an irretrievable loss; and for trademark owners, perhaps not irretrievable but fraught with uncertainties of recovery. ICANN attempted to solve the problem of inadvertent lapses of registration in the Expired Registration Recovery Policy (ERRP) and its companion the Expired Domain Name Deletion Policy (EDNDP), implemented in 2013. more»

Many .COM Domain Names with Same Keywords as Premium New gTLDs are Available for Registration

Earlier this month, Andrew Allemann wrote a post on notable NameJet sales in which he discusses the sale of PropertyRehab.com for $2,400 as "a perfect example of how wrong some domain registries are on their premium pricing." He mentions that the registry operator for the .rehab new generic top-level domain (new gTLD), has marked property.rehab as a platinum domain name and asks: "Why would someone pay thousands (or tens of thousands) a year for Property.rehab when they could buy PropertyRehab.com for just $2,400?" more»

Astronomical Increases in Domain Names: Low Constancy of Abusive Registrations

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, the number of registered domain names were in the low eight digits. Registered domain names passed the first million in 1997. Today, they are in the first third of nine digits, and continuing to grow. In its newly released publication gTLD Marketplace Health Index (Beta) (July 21, 2016) ICANN offers through a couple dozen metrics a picture of the multiple parts that corporately go into making a healthy marketplace. It's "Beta" because the Health Index is a work in progress. more»

'Pokemon' Domain Names are a No-Go

The legal issues surrounding the sudden success of "Pokemon Go" -- one of the world's fastest-growing apps or games -- are popping up as quickly as unhatched Eggs at a PokéStop. Within days of the game's release, the National Safety Council issued a call that "urges pedestrians to exercise caution while playing the Pokémon Go augmented reality game" and "implores drivers to refrain from playing the game behind the wheel." more»

Fair Use Incorporating Trademarks in Domain Names

The paragraph 4(c)(iii) safe harbors of the Uniform Domain Name Dispute Resolution Policy are construed from a five word phrase, "legitimate noncommercial or fair use." "Noncommercial" like "identical" in paragraph 4(a)(i) has a defined meaning; it does not include domain names inactively held (for any alleged purpose), although non-use is not necessarily fatal to rights or legitimate interests. "Fair use" has a larger canvass; it includes nominative (commercial) use that is fair and Constitutionally protected speech. more»

New Top Level Domain Industry First Half 2016 Analysis & Insights (Infographic)

This post provides an overview from The First Half of 2016 infographic, reflecting on some of the intriguing highlights of the new gTLD industry. The data analyzed within the infographic is based on the following: Revenues are based on the average retail price over four registrars (101domain, eNom, GoDaddy and United Domains) at the end of June 2016; Top three TLDs launched in 2016 are based on TLDs entering into General Availability after January 1st and based on volumes and not revenues ... more»

Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more»

News Briefs

ICANN Publishes gTLD Statistics and Trends Report, Asks for Community Feedback

12 Million New Domains Registered in Frist Quarter 2016, Total Domains Reach 326.4 Million Worldwide

ICANN Says It Will Not Get Directly Involved With Infringing Domains

ICANN to Extend Verisign .COM Registry Contract for Another Six Years

Neustar Announces Intention to Separate Into Two Independent and Publicly Traded Companies

Sweden Makes its TLD Zone File Publicly Available

PirateBay Domains to Be Handed over to the State, Swedish Court Rules

China's Draft Rule Targets Domain Name Supervision, Could Limit Access to Foreign Sites

WIPO Reports Rise in Cybersquatting Cases, Triggered by New gTLDs

TLD Operators Should Not Police Content, Says EFF

Facebook-owned Instagram Wants Domain Deal Upheld

Close to 3.1 Million Domain Names Registered in the Third Quarter of 2015

Sony Uses Brand TLD '.sony' for Bond Game Site

Harm Caused by Typosquatting Is Still Modest, Research Suggests

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

Megaupload Domains Seized by FBI Now Link to Scam Ads and Malware Due to Renewal Failure

FTC Puts Burden Back on ICANN Concerning .Sucks Dilemma

China's New Law Could Severely Damper Domain Name Registrations

2017, Year of Consolidation for Domain Name Market, AFNIC Study Suggests

Placing New Domain Names in Temporary "Penalty Box" Could Deter Malicious Use, Says Paul Vixie

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