Intellectual Property

Intellectual Property / Industry Updates

Why the Record Number of Reverse Domain Name Hijacking UDRP Filings in 2016?

By replacing the core criterion of the Policy with repurposed language found elsewhere, panelists inadvertently encourage Complainant companies to attempt to misuse the UDRP to steal domains that were registered long before those companies and associated product trademarks came into existence. more

The Rise and Fall of the UDRP Theory of 'Retroactive Bad Faith'

Since its establishment in 1999, the Uniform Domain Name Dispute Resolution Policy has required complainants to prove inter alia, "bad faith registration". In practice, this has meant that where a domain name was registered before a trademark came into existence, that "bad faith registration" would be considered chronologically impossible. more

2016 U.S. Election: An Internet Forecast

The unexpected election of Donald Trump, along with continued Republican control of both houses of Congress will have a big impact on our US priorities. While the outlook remains unclear, we've prepared the memo below examining the initial impact the election may have on issues that matter to Internet infrastructure companies and organizations. more

MarkMonitor Supports Brand Holders' Efforts Regarding .Feedback Registry

In the capacity that MarkMonitor has as an ICANN accredited registrar, we have observed numerous issues with registrations in the .feedback registry. These issues date back to the initial launch of .feedback earlier this year. more

Understanding the Risks of the Dark Web

At least 60% of brands will discover a breach of sensitive data. However, many organizations simply don't know what they don't know. Researchers at MIT discovered that a full 75 percent of breaches go undiscovered for weeks or months and 67 percent of breaches were aided by significant errors from employees of the victimized firm. more

Best Practices from Verizon - Proactively Mitigating Emerging Fraudulent Activities

On Wednesday, February 24, we hosted a webinar - Best Practices from Verizon, Proactively Mitigating Emerging Fraudulent Activities - with Patrick Flaherty, Assistant General Counsel for Marketing, IP & New Media Law & Policy at Verizon. more

2015 Trends: Multi-channel, Streaming Media and the Growth of Fraud

2015 saw the rise of multi-channel marketing with 63% of marketing budgets invested in online channels. Each new channel comes with risks to brand owners. We recommend brands put in place comprehensive multi-channel monitoring program to discover and act on brand infringements. more

INTA 2013: Gearing Up for Dallas

The International Trademark Association's Annual Meeting is quickly approaching and we're excited to join the Intellectual Property community to share insights. Since the last meeting, we've been witnessing a sea of change and we expect these changes to continue. more

Breaking the DNS: Another Look at How SOPA Could Be Destructive

There's a number of ways to "remove support" from a foreign infringing website at the DNS level - we'll take a look at the techniques that could be used at all the layers of the DNS and why some are more destructive than others. more

Expanding Internet Access Driving Software Piracy, Study Says

The global software piracy rate rose to 41% in 2008 from 38% in 2007, costing rights owners an exchange-rate adjusted $50 billion, according to a joint study between the Business Software Alliance (BSA) and IDC released last week. One of the factors driving greater piracy is increased high-speed Internet access, particularly in emerging markets where piracy rates are the highest. more