Intellectual Property

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Can Trademarks and Brands Help Save the Internet From Itself?

Trademarks and brands are often among a company's most valued assets. Customers associate trademarks and brands with producer integrity. They engender consumer trust. Without TMs and Brands, companies struggle for attention and find it more difficult to link the company's integrity and trustworthiness in the marketing of its goods and services. Representing company promise and customer expectations, they are uniquely positioned to symbolize common values and aspirations. more

The .BEST Brand Protection (Interview)

Launching a social network based on a single domain name extension is seriously innovative, but such a concept also implies to give Trademarks a chance to protect themselves. I recently interviewed Cyril Fremont, the new operator of the .BEST Registry and also CEO of "THE.BEST Social Network" on his plan to allow Trademarks to protect their assets prior to the launching of the review network. more

Not Another Yearly Recap: What 2018 Tells Us About .brand Domains

It's that special time again! Time to unwind, spend time with loved ones -- and to reflect on another 12 months of progress across the .brand movement. Over the last few years, we've used this end of year assessment and our efforts with MakeWay.World to show you how the industry is being embraced globally -- through a range of examples, statistics and predictions about how the year ahead will be our best ever. more

CircleID's Top 10 Posts of 2018

It is once again time for our annual review of posts that received the most attention on CircleID during the past year. Congratulations to all the 2018 participants for sharing their thoughts and making a difference in the industry. more

2018 Domain Name Year in Review

Well, it's that time of year again. The time of year when I look back at all of the biggest domain news stories from the last twelve months, and also reflect on my predictions from last year. As expected, GDPR has had a major impact on the ability to access domain ownership information. And we did indeed see a number of M&A transactions over this last year. However, there wasn't a lot of new .Brand activity. This is one prediction where I may have missed the mark... more

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

Addressing Infringement: Developments in Content Regulation in the US and the DNS

Over the course of the last decade, in response to significant pressure from the US government and other governments, service providers have assumed private obligations to regulate online content that have no basis in public law. For US tech companies, a robust regime of "voluntary agreements" to resolve content-related disputes has grown up on the margins of the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA). more

Remedies for Cybersquatting: New gTLD Domain Names

In the discussions proceeding the World Intellectual Property Organization (WIPO) publishing The Management Of Internet Names And Addresses: Intellectual Property Issues (Final Report, April 30, 1999) that ultimately led to the ICANN implementing the Uniform Domain Name Dispute Resolution Policy (UDRP) (1999) commentators considered three remedies to combat cybersquatting: suspending, cancelling, and transferring infringing domain names. more

Undone! Failure of Persuasion in UDRP Proceedings

A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more

Respondent Had Rights or Legitimate Interests in Domain Name by Using It to Promote Genuine Business

In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more

What's Abusive in Registering Domain Names, and the Reverse?

The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Combinations of Dictionary Words in Domain Names: Common vs. Distinctive Phrases

The lexicon of domain names consists of letters, words, numbers, dots, and dashes. When the characters correspond in whole (identical) or in part (confusingly similar) to trademarks or service marks and their registrations postdate the first use of marks in commerce registrants become challengeable under the Uniform Domain Name Dispute Resolution Policy (UDRP) as cybersquatters. more

Should Domain Names be Considered 'Contracts for Service' or 'Property Rights'?

The legal status of domain names is one of the most hotly debated topics with regards to evolving property rights and how they should be applied to technological and intellectual property 'innovations' in cyberspace. At present, there are two opposing factions on this topic: On one hand, there are those who maintain that domain names should be considered as contracts for services, which originate from the contractual agreement between the registrant and the registrar. more

Leveraging Traffic Statistics to Manage Corporate Domain Portfolios

Corporate domain name portfolios often consist of domain names that do not resolve to relevant content. In fact, it's not uncommon for less than half of corporate domains to point to live content. Sure there are domains such as those that point to "sucks" sites or those registered anonymously for future use that purposely do not resolve, but those are the exception to the rule. more

News Briefs

Amazon Gets the Green Light for .Amazon TLD Following Intense Negotiations Involving South America

Kodak Announces a Blockchain Platform Initiative for Image Rights Management

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

Civil Society Groups Call for Deletion of Internet Filtering Provision in EU Copyright Proposal

EFF Cautions Against Unfair TLD Policies, Offers Advice on Choosing New gTLDs for Best Protection

Domain Registrations in New TLDs Overwhelmingly for Defensive Purposes, INTA Study

Cycling Legend Greg LeMond Sues Cybersquatters Upward of $6.6 Million

Feds Shut Down Largest File-Sharing Site KickassTorrents - Founder Arrested, Domains Seized

Thomson Reuters in Definitive Agreement to Sell Intellectual Property Unit Including MarkMonitor

UK Bill Ups Prison Term for Online Piracy from 2 to 10 Years

Internet Governance Forum USA 2016 on Thursday, July 14

ICANN Says It Will Not Get Directly Involved With Infringing Domains

WIPO Reports Rise in Cybersquatting Cases, Triggered by New gTLDs

TLD Operators Should Not Police Content, Says EFF

Google Received 65.9 Million Take Down Requests Last Month, Company Reports

European Parliament Backs Resolution to Break Up Search Giant

US Should Take More Aggressive Counter-Measures On IP Theft, Including Use of Malware

Domain Seizures for Copyright Infringement Likely to Move Beyond U.S. Based Registries

Feds Shut Down File-Sharing Website Megaupload.com, Seven People Charged

Protect IP Act to Be Amended in Response to Pressure from Technical Community

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