UDRP

UDRP / Recently Commented

Good Faith and Abusive Registration of Domain Names

Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, Shop Vac Corporation v. Md Oliul Alam / Quick Rank, FA1611001701026 (Forum December 10, 2016). 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

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

ICANN Releases Temporary WHOIS Specification Plan for GDPR Compliance With Deadline Two Weeks Away

ICANN has released temporary specifications for gTLD registration data in order to establish temporary requirements needed for the organization and gTLD registry operators to continue to comply with existing ICANN contractual requirements and community-developed policies. more

What's So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

In Memoriam: UDRPsearch.com

I have hesitated in writing this memorial for udrpsearch.com because I did not want to announce a demise that may not be true or the fear that my saying it will make it so. The website went dark for a short period in 2017, before being restored after a brief shutdown, and (I thought) it could happen again. I was waiting for history to repeat itself. But, the website remains dark, without explanation, and I fear it will not return. We lost it on or about January 6, 2018. more

New UDRP Filing Fees at Czech Arbitration Court

The Czech Arbitration Court (CAC) has long offered the least expensive (by far) filing fees for complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), but its fee are about to become more expensive, at least in most cases. CAC's base UDRP filing fee (for a dispute involving up to five domain names and a single-member panel) will increase on February 1, 2018, from 500 euros to 800 euros. As of this writing, that's equivalent to about U.S. $600. more

Domain Name Disputes Break Two Records in 2017

The year 2017 turned out to be a record-setting year for domain name disputes, in two ways: The number of complaints filed as well as the total number of domain names in those complaints. Specifically: The number of cases at WIPO crept up to 3,073 from 3,036 in 2016 (the previous record), a modest gain of just over 1 percent. Those cases included 6,370 domain names, up from 5,354 in 2016 (also a record-setting year), a spike of nearly 19 percent. more

'Combosquatting': New Attention for an Old Problem

A study (18-page PDF) from researchers at Georgia Tech and Stony Brook University has attracted attention to what it calls "combosquatting," but the practice has been around since the early days of domain name disputes. The study says combosquatting "refers to the combination of a recognizable brand name with other keywords (e.g., paypal-members.com and facebookfriends.com)." It adds that this practice differs from other types of cybersquatting "in two fundamental ways. more

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more

UDRPs Filed - Brand Owners Take Note

After being in the domain industry for over 15 years, there aren't too many things that catch me by surprise, but recently a few UDRP filings have me scratching my head. Both ivi.com and ktg.com have had UDRPs filed against them, and I have to say for anyone holding a valuable domain name, it's a cautionary tale and one that should have folks paying attention to the outcome of each. more

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union. more

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. more

After 21 Years, Actor David Duchovny Wins His Domain Name

While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more