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In early March 2020, a well-known European fashion brand found themselves on the receiving end of a protest campaign on social media. The background to the case was the fact that, in 2019, the brand had launched a cease and desist (C&D) action against a small, U.K.-based company in response to their use of similar product names and sale of associated clothing merchandise. more
There are new threats that you may have already been exposed to. Here are some of the new threats and advice on how to protect yourself. During this pandemic, Zoom has emerged as a very popular teleconferencing choice for companies and educational institutions, but a new weakness for Zoom was also discovered. Some online conferences and classes that had not password protected their sessions fell victim to eavesdroppers using the screen sharing feature to "Zoom Bomb" those sessions with graphic images. more
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
A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. more
In this two-part blog series, we take a closer look at brand abuse and intellectual property (IP) infringements. In this first article, we explore the components making up a company's IP and how online content can affect a brand's value, both actual and perceived... The IP held by an organization -- i.e., the portfolio of brands, trademarks, and other intangible assets that provide it with its distinctiveness, and protect it from unfair competition in the marketplace... more
According to the Cybersecurity and Infrastructure Security Agency (CISA), most cyberattacks, including ransomware and business email compromise, begin with phishing. Although losses due to ransomware now exceed billions annually, most ransomware protection and response measures don't protect against the most common phishing attacks. Established research shows that phishing attacks most commonly occur from a maliciously registered, confusingly similar domain name, a compromised or hijacked legitimate domain name, or via email header spoofing. more
The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more
As promised at an end-of-the-year (2015) announcement, the U.S. Copyright Office has now launched a comment submission process about the "safe harbor provisions" of the Digital Millennium Copyright Act (DMCA). The DMCA is often used by copyright owners to get infringing content - images, text, videos, music, even software - removed from problematic websites. more
Brandsight recently concluded their Third Annual Domain Management Survey. Designed to uncover issues of greatest concern to corporate domain name professionals, the survey was sent to more than 300 companies. The companies that responded spanned all verticals, ranging from financial services to high-tech to consumer packaged goods. Of those that responded, 18% had portfolios smaller than 500 domains... more
A web domain name is the foundational piece of internet property allowing its owner (registrant) to construct and host an associated website. On a domain, the owner is also able to construct whatever subdomains they wish -- a process that is technically achieved via the configuration of records on the authoritative domain name system (DNS) server. more
I recently shared at a conference how a seasoned brand and fraud expert from one of the world's largest global financial institutions lamented a major attack where multiple fraudulent websites would pop up every single day. All attacks were launched from the same registrar and web hosting company, and no matter how much they reached out to these providers, they received the same reply: "we will pass on your request to the registrant or site owner," and then nothing happened. more
A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more
In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more
Social and Digital Marketing are two of the fastest growing, and arguably the most important, pieces of branding today. According to eMarketer, 2017 digital marketing expenditures will account for 38.4% of total ad spending and are projected to be almost 45% by 2020. This is double what they were just a few years ago and growth doesn't seem to be slowing down. more
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
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