Challenging UDRP Awards in Courts of Competent Jurisdiction
The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive forum for the resolution of domain names accused of cybersquatting even though registration agreements use the word...
View ArticleInternet Access: A Chokepoint for Development
In the 1980's internet connectivity meant allowing general public to communicate and share knowledge and expertise with each other instantly and where it was not possible otherwise. Take the story of...
View ArticleTrademark Overreaching and Faux Cybersquatting Claims
Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks)....
View ArticleMasking Identity with Proxy/Privacy Services
No censure attaches to having domain names registered by proxy/privacy services. However, while the practice has become routine for protecting privacy and sensitive information, registering in the name...
View ArticleUDRP Complaints: Getting it Right the First Time; Second Chance With New Facts
Uniform Domain-Name Dispute Resolution Policy (UDRP) complainants are expected to get it right the first time, and if they don't there's a narrow window for a second filing. Evidence previously...
View ArticleWhat We Can Learn from URS Decisions (Hint: Not Much)
In addition to being rarely invoked, the Uniform Rapid Suspension System (URS), when utilized, is providing trademark owners and domain name registrants with little guidance about this domain name...
View ArticleThree Kinds of UDRP Disputes and Their Outcomes
There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are...
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Benefits and Challenges of Multiple Domain Names in a Single UDRP Complaint
How many domain names can be included in a single complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP)? Neither the UDRP policy nor its corresponding rules directly address this...
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IP Address Information Misused by Authorities Says EFF, Not Enough to Justify...
"Law Enforcement, Courts Need to Better Understand IP Addresses, Stop Misuse," says EFF in a whitepaper released on Thursday. Legal Fellow, Aaron Mackey writes: "[U]se of the IP address alone, without...
View ArticleFiling Cybersquatting Complaints With No Actionable Claims
I noted in last week's essay three kinds of cybersquatting complaints typically filed under ICANN'S Uniform Domain Name Dispute Resolution Policy (UDRP). The third (utterly meritless) kind are also...
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A Record Year for Domain Name Disputes?
With just a little more than three months left in 2016, the number of domain name disputes filed at the World Intellectual Property Organization (WIPO) appears to be headed for a record year. According...
View ArticleNoncommercial and Fair Use in Rebutting Claims for Abusive Registration of...
The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful also concludes the issue of abusive registration in...
View ArticleWhen 'Confusing Similarity' in UDRP Cases Gets Confusing
The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or...
View ArticleSupplementing the Record in UDRP Proceedings; When Acceptable?
The Uniform Domain Name Dispute Resolution Policy (UDRP) limits parties' submissions to complaints and responses; accepting "further statements or documents" is discretionary with the Panel (Rule 12,...
View ArticleThe Future of Software Patents
What should we do with software patents? I've seen both sides of the debate, as I work a great deal in the context of standards bodies (particularly the IETF), where software patents have impeded...
View ArticleUK Security Agencies Have Unlawfully Collected Data for 17 Years, Says Court
"British security agencies have secretly and unlawfully collected massive volumes of confidential personal data, including financial information, on citizens for more than a decade, top judges have...
View ArticleEuropean Court Declares Dynamic IP Addresses are Subject to Privacy...
The Advocate General, top advisor to the European Court of Justice, has issued an opinion today about Internet anonymity, Electronic Privacy Information Center reports. "He found that dynamic IP...
View ArticleThe Importance of Protecting Credibility: Claiming and Rebutting Cybersquatting
The Uniform Domain Name Dispute Resolution Policy (UDRP) is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings if they "determine[...
View ArticleUnderstanding 'Reverse Domain Name Hijacking' Under the UDRP
"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP). RDNH Defined Specifically,...
View Article8 Facts About 3-Member Panels in UDRP Cases
Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) can be heard by either a one- or three-member panel. Here are eight important facts that every complainant (trademark owner)...
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