Law

Blogs

The Popularity of .co (not .com) Domain Name Disputes

One of the most popular top-level domains under the Uniform Domain Name Dispute Resolution Policy (UDRP) is not even a gTLD (generic top-level domain). It's a ccTLD: .co, the country-code top-level domain for Colombia, in South America. Based on statistics at WIPO as of this writing, 29 .co domain names have been the subject of UDRP disputes this year, making it the most-disputed ccTLD under the popular domain name dispute policy. more»

Statutory Remedies for UDRP Grievants

The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award, namely an action for declaratory judgement under the Anticybersquatting Consumer Protection Act (ACPA). The action is not an appeal, but a de novo assessment of the parties' rights, either that the domain name holder is cybersquatting or its registration was lawful. Under U.S. law UDRP awards are not treated as arbitration awards subject to the Federal Arbitration Act but as new disputes. more»

The DotBible Litmus Test for Domain Name Dispute Panelists

A dispute policy for the new '.bible' top-level domain name requires panelists who agree to hear cases to affirm that they "enthusiastically support the mission of American Bible Society" and that they "believe that the Bible is the Word of God which brings salvation through Christ." The DotBible Community Dispute Resolution Policy appears to be the first domain name dispute policy that requires panelists to take a religious oath - or, for that matter, an oath other than anything related to maintaining neutrality. more»

Which Direction Will the Internet Go? Take Our Survey and Help Us Explore the Forces at Work

In the past seven years, the number of people online has essentially doubled, from 1.7 billion in 2009 to about 3.4 billion today. New and innovative services have also emerged and people and companies around the world are using the Internet in ways barely imagined at the turn of the decade. Looking ahead to the next five to seven years, there are many forces at work that could have a significant impact on the Internet. more»

Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more»

Declaring and Declining to Find Reverse Domain Name Hijacking

What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more»

Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark - instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement if the brands are registered with the Trademark Mark Clearing House, but notices do not function as injunctions to block registrants from registering infringing names. more»

Using the URS as a Preliminary Injunction for Domain Name Disputes

As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more»

Proving Common Law Rights Predating Domain Name Registration

The trademark rights required for standing under paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (UDRP) refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove both secondary meaning of the marks and their distinctiveness prior to the registration of the domain name. more»

Is the Internet a Tobacco Product?

Audacity by federal policy makers can be admirable, at least in some cases, but it can a bit more problematic in others. A case in point is the Food and Drug Administration's "deeming" of the internet to be a tobacco product. The FDA explained that it was exercising its authority under the Family Smoking Prevention and Tobacco Control Act which gave the agency an extensive set of duties, responsibilities and authorities over "tobacco products." more»

Reflections on the G7 ICT Ministers Meeting in Japan

On April 30, 2016, ICT Ministers of the "G7 group" concluded their deliberations in the beautiful city of Takamatsu, Kagawa prefecture in Japan. After months of preparatory work and two full days of discussions, the ICT Ministers of the USA, UK, France, Italy, Japan, Canada and Germany plus the European Union issued a joint declaration that: recognizes our digitally connected world; commits to mutual goals and, once again; reaffirms the multistakeholder model for the governance issues facing the deployment, development and evolution of the global Internet. more»

Cybersquatting & Banking: How Financial Services Industry Can Protect Itself Online (Free Webinar)

Businesses in the financial services sector are among the most frequent targets of cybersquatters. In this free webinar, I will be joining Craig Schwartz of fTLD Registry Services to provide important information about how domain name fraud is affecting the financial services industries, including banking and insurance, and what businesses and consumers can do to protect themselves online. more»

Warranties and Representations on Purchasing Domain Names: What are they Worth?

The WIPO Final Report published in April 1999, from which sprung the UDRP the following October, is useful in shedding light on what the assembled constituencies had in mind in agreeing to particularly contentious issues. One of those issues was whether registrants had to actively search trademark records before purchasing domain names. Other than paragraph 2 of the Policy which codifies registrants' representations, there is no guidance as to what registrants must do... more»

ICANN vs. the Federal Reserve

The Internet is about to go independent. After years of support and supervision, the U.S. Government is about to irrevocably relinquish its control over the Internet by transferring its authority to an independent corporation named ICANN. As part of this push, the current chairman of ICANN posted this article to the Wall Street Journal... What's truly amazing about this piece, is how well it's done... It was only after digesting this piece, that I remembered we are talking about ICANN here. more»

The Future of Domain Name Dispute Policies: The Journey Begins

A just-launched ICANN "working group" (of which I am a member) will - eventually - help to determine the future of the Uniform Domain Name Dispute Resolution Policy (UDRP), the 17-year-old domain name arbitration system that has been embraced by trademark owners and criticized by some domainers; as well as the Uniform Rapid Suspension System (URS), the new (and limited) arbitration process that applies to the new gTLDs. more»

News Briefs

GOP Lawmakers Say NTIA Violated Law in IANA Transition Plan

'Spam King' Sanford Wallace Sentenced to 2.5 Years In Prison

US Seeks to Intervene in EU vs Facebook Case

PirateBay Domains to Be Handed over to the State, Swedish Court Rules

Brazil Judge Orders 72-Hour Ban on WhatsApp

U.S. House of Representatives Passes H.R. 699, the Email Privacy Act

H.R. 2666 Bill Proposes Deregulating U.S. Broadband Rates, Obama Threatens to Veto

White House Taking Hands-Off Approach to Encryption Bill Debate

UK's Proposed Spy Law Can Force Apple to Bypass Security, Plus a Gag Order

Internet Society Responds to FBI vs Apple Encryption Debate

US Senate Gives Final OK to Ban Internet Taxes

Proposed UK Bill Will Make it Criminal Offence for Tech Firms to Warn Users of Government Spying

U.S. Senators Introduce SEC Cybersecurity Disclosure Legislation

French Police Pushing to Outlaw Anonymous Web Browsing

New Bill Bans Internet Companies From Offering Unbreakable Encryption

European Court Invalidates EU-US Data Pact

EU Launches Inquiry on Whether Online Companies Should be Regulated

Google Ordered to Remove Search Results of 'Right to Be Forgotten' Removal Stories

Newly Released "Domain Name Arbitration" Book Offers Guide for Navigating UDRP

ICANN Asks U.S. Federal Trade Commission Whether .SUCK is Violating Any Laws

Most Viewed

Most Commented

Industry Updates

Participants – Random Selection