Intellectual Property

Intellectual Property / Featured Blogs

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more

The Ageless Warning of Icarus

It wasn't that long ago that, during a visit home, my brother asked me, "Why are you so stuck on this Internet thing?" His direct question caused me to realize that I had never actually stopped and considered why I was investing so much time – and in such a highly visible manner – into Internet governance when I wasn't being compensated for doing so and, in fact, was – not putting too fine of a point on it – flat broke. more

Corporate Domain Management in 2019: Consolidated Portfolio or Two-Vendor Approach – Why Not Both?

For close to 15 years, when it comes to domain name management, I've personally touted two things: 1) the importance of using a single, secure, corporate domain name registrar and 2) the importance of having a fully-consolidated domain name portfolio for even the largest portfolios. And in many ways, this made sense back then. With a single, corporate-focused registrar, domain professionals were able to access and manage all domains from within a centralized repository. more

Responding to "The Case for Regulatory Capture of ICANN"

This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. more

What Modern Businesses Need to Know Regarding Geo Names and Jurisdiction in Domain Name Disputes

The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more

Trademark Owners Beware – There's a New Brand Identifier to Worry About

You might not understand how crypto-currencies or blockchain wallets work, but Facebook's announcement this week is a clear signal that these new technologies will soon become ubiquitous. Facebook's introduction of its own crypto-currency to its 2 billion users means mass adoption of crypto-currencies and digital wallets are on the horizon. This has implications that trademark owners need to be aware of. more

Coachella Unsuccessful in Domain Name Dispute, Failing to Prove Bad Faith Use and Registration

The Complainant is the owner of the well-known Coachella festival. It owns a trademark registration, issued in 2016, for the mark CHELLA. The Respondent asserted that he intended to use the disputed domain name to set up an online women's clothing store but never did so. He claimed that growing up, his nickname was "Chelle" and that he modified that name to make it sound more feminine for use in connection with the store. more

Back to the Future Part IV: The Price-Fixing Paradox of the DNS

GenX-ers may remember spending a summer afternoon at the movie theater and seeing the somewhat corny but beloved antics of Marty McFly and Doc as they used a souped-up Delorean to travel the space-time continuum. In Back to the Future Part II, Doc and Marty travel into the future, where the bullying, boorish Biff causes a time-travel paradox when he steals the Delorean and takes a joyride into the past to give his younger self a sports almanac containing the final scores of decades worth of sporting events. more

UDRP Complaint: Actually, a Motion for Summary Judgment

Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more

India’s Draft National E-Commerce Policy: A Bollywood Drama in Four Acts

India's recently published Draft National e-Commerce Policy, prepared by the Indian Commerce Ministry think-tank, can be read like the script of a four-act Bollywood drama... They were the dream couple: Princess India and Prince IT. She was full of cultural richness and diversity, with beauty, mystique and natural resources. She also a dark side. She harbored the world's largest number of impoverished people, with little infrastructure, and facing sparse economic prospects. more