Domain Names

How Brexit Raises Risks for Non-Compliant .EU Domain Names

On June 3, 2020, EURid, the registry for .EU domains, published its timeline and action plan to withdraw and delete .EU domains registered to entities and individuals located in the U.K. ... Following the .EU regulations that were published on March 29, 2019, registrations of .EU domain names may be held by EU citizens, citizens of Iceland, Liechtenstein, and Norway, independent of their place of residence -- as well as organizations that are established in the EU. more

Why the Pandemic Makes Domain Names More Valuable Than Ever

In the United States, at least 25,000 brick and mortar businesses will close in 2020 due to the Coronavirus (source: Coresight). I believe this will only be the tip of the iceberg. The businesses that fight to stay alive will become 100% dependent on the Internet to generate their revenue. No longer able to rely on foot traffic to their old brick and mortars, the popularity and brand-ability of their websites will solely dictate their ability to survive in the coming years. more

How Global Trends Arising from COVID-19 May Influence Online Brand Protection Strategies

We're in an interregnum where society has paused, and there's no telling how things may turn. In such times of crisis, we are the explorer; exploring the uncharted waters of change, where dangers and opportunities lie. How the pandemic caused this greater societal change may not be something that an individual can alter, we may, however, take the helm and navigate. more

What Trademark Owners Need to Know to Avoid Reverse Domain Name Hijacking

A cybersecurity company recently attempted reverse domain name hijacking for an exact match domain name of its brand, and in so doing, failed in both its bid to take ownership of the domain and potentially damaged their reputation by using this somewhat nefarious tactic and abusing the Uniform Domain Name Dispute Resolution Policy (UDRP) process. more

The State of DNS Abuse: Moving Backward, Not Forward

ICANN's founding promise and mandate are optimistic -- ensure a stable and secure internet that benefits the internet community as a whole. Recent months, however, have highlighted the uncomfortable truth that ICANN's and the industry's approach to DNS abuse is actually moving backward, ignoring growing problems, abdicating on important policy issues, and making excuses for not acting. Further, the impending failure of ICANN's new WHOIS policy to address cybersecurity concerns will add fuel to the fire, resulting in accelerating DNS abuse that harms internet users across the globe. more

Confusingly Similar But No Likelihood of Confusion in UDRP

The word "confusion" in the Uniform Domain Name Dispute Resolution Policy (UDRP) signifies two separate states of mind. The first in ¶4(a)(i) appears in the phrase "identical or confusingly similar to a trademark or service mark in which the complainant has rights." It is a test to determine whether the mark owner has standing to maintain a UDRP proceeding. more

Beware of Abandoned Domain Names in this Turbulent Time and as the Global Economy Changes

The outbreak of COVID-19 has caused worldwide disruption -- for whole nations and their economies. Unfortunately, there will be some side effects for businesses. A number of brands will disappear from the streets and shelves, as businesses that fail to weather the storm will have to fold. Companies that do survive will likely focus more on their core markets, pulling brands out of higher risk, less profitable markets... more

The Global Domain Name Market in 2019: Will New TLDs Create a Sensation?

Afnic, the association that manages and operates various TLDs including the .fr, has published its report on the global domain name market in 2019. The report highlights a slight upturn in the market, which has generally continued the growth initiated in 2018. Thus, the global domain name market accounted for approximately 346 million domain names at the end of December 2019, up 4.7% compared to 4.0% in 2018. more

Don't Kid Yourself, dotCOM Is King for Branding Your Business

There are now more than 1,000 top-level domains (TLDs), but which is best for branding yourself or your business? With search engines, does it even make a difference? What does it matter which TLD you chose as long as you rank high enough on Google? That is what many would have you believe, but there is one power greater than any search engine... At one time, my brother and I owned Rate.com. more

Exceedingly Close and Difficult UDRP Cases

The ordinary run of cybersquatting cases is neither "exceedingly close nor difficult." Quote from Harvest Dispensaries, Cultivations & Production Facilities, LLC v. Rebecca Nickerson / Rock City Harvest, FA2004001892080 (Forum June 26, 2020) which is one of those rare cases in which the case was exceedingly close and difficult. For 90% of the docket (the percentage has been creeping up since 2016), even when Respondent appears (which it mostly does not), there is neither a defense nor merit to Respondent's contentions. more

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

ICANN Registrar Stakeholder Group Leadership Handover

The ICANN Registrar Stakeholder Group (RrSG) is one of several stakeholder groups within the ICANN community and is the representative body of ICANN accredited domain name registrars. It is a diverse and active group that works to ensure the interests of registrars and their customers are effectively advanced. The leadership team (ExCom) consists of five officers who manage the Registrar Stakeholder Group. 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