Intellectual Property

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Thoughts on the Proposed Copyright Alternative Dispute Resolution Policy

A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement -- but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA's "Healthy Domains Initiative" (HDI). more»

Healthy Domains Initiative Isn't Healthy for the Internet

We had high hopes that the Domain Name Association's Healthy Domains Initiative (HDI) wouldn't be just another secretive industry deal between rightsholders and domain name intermediaries. Toward that end, we and other civil society organizations worked in good faith on many fronts to make sure HDI protected Internet users as well. Those efforts seem to have failed. more»

Domain Name Association Outlines Healthy Practices as Part of Key Initiative

The domain name system is in good health. But it's about to get even better. The Domain Name Association (DNA), the Internet domain industry's trade association, undertook an effort in 2016 it named the Healthy Domains Initiative (HDI). It's an ambitious, self-motivated effort to build on the DNS' already secure and stable platform and meet select challenges head-on, before they develop. more»

Identical or Confusingly Similar to Trademarks but Noninfringing Domain Names

Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of trademarks acquired later than the allegedly infringing domain names ArcBest Corporation v. Domains By Proxy, LLC, Registration Private / Vernon Troupe, D2016-2381 (WIPO January 13, 2017) (<arcbest.com>, in which "ark" is a contraction of "Arkansas"), but it can also apply to marks composed of common element that predate domain name registration... more»

Is More Protection of Intellectual Property Rights Necessary on the Internet?

I firmly believe that we need to protect any form of intellectual properties (IP) built by one through hard and honest work. At the same time, I also believe that several of the current methods of protecting IP, such the as the copyright laws, patent systems and legislations, are not evolving fast enough in order to protect IP and avoid hindering the path of creativity and innovation. more»

Are Domain Names Contract of Services or Property Rights?

There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it. more»

When a 'Response Fee' is Required in a URS Case

Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called "Response Fee" is only required in URS cases that include 15 or more disputed domain names. more»

Corresponding to Trademarks, But Nonactionable Claims for Cybersquatting

The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more»

8 Facts About 3-Member Panels in UDRP Cases

Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) can be heard by either a one- or three-member panel. Here are eight important facts that every complainant (trademark owner) and respondent (domain name registrant) should consider when deciding whether to select one or three members... Either party - complainant or respondent - has an opportunity to select a three-member panel... more»

Understanding 'Reverse Domain Name Hijacking' Under the UDRP

"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP)... While neither the UDRP nor the Rules provide any further details or guidance, the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, provides some insight into the circumstances in which panels have found RDNH. more»

Building a Base of Knowledge for Advocacy Abroad in the Digital Age

Answering questions at the Internet Association's Virtuous Circle conference last week, Secretary Kerry presented the U.S. Department of State's effort to prioritize global digital economy issues abroad in order to reflect the growing importance of these issues in both economic and foreign policy. The State Department has made real progress on this initiative in the last year and hopes to continue our momentum going forward. more»

How to Combat Counterfeiters on Chinese Marketplaces

Establishing your brand in an effort to combat counterfeiters on the ever growing and incredibly popular Chinese marketplace Alibaba can seem like a daunting task. Alibaba has grown so popular that it now ships over 12 million packages a day, compared the 3 million shipped by Amazon. Additionally, on Cyber Monday, a popular day for online shopping during the holiday season, Amazon processed 37 million orders. In comparison on Singles Day, an annual holiday in China, Alibaba processed 278 million orders. 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»

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»

TMCH Review Recommends Status Quo

On July 25th ICANN announced the publication of the Draft Report of the Independent Review of the Trademark Clearinghouse (TMCH). This study was coordinated for ICANN by the Analysis Group, in conjunction with researchers from the Center for Internet and Society at Stanford as well the University of Pennsylvania's Wharton School... while public comments on the draft report will be accepted through September 3rd, this Report was triggered by GAC concerns expressed before the Applicant Guidebook for the new gTLD program was even completed, and is not the work product of a GNSO-created working group and therefore will not directly result in the establishment of any new ICANN policy. more»

News Briefs

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

Over 80 Internet Inventors and Engineers Send Open Letter to US Congress

ISOC Joins Opposition to Stop Online Piracy Act

Major ISPs in Australia Reveal Plans to Crack Down on Online Piracy

EFF: Court Refuses to Return Seized Domain Name

Americans Soon Facing Harsh Penalties for Illegal Downloads

Fed's Domain Name Crackdown Meets DNS Backlash

New US Senate Bill Introduced Requiring ISPs to Block Pirate Sites

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