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When Responding Matters Why is it important to file a response in a UDRP dispute? Sometimes the respondents rights / legitimate interest may be evident even in default cases, for instance based on the disputed domain name (e.g. a dictionary term), manner of use of the domain name, the websites content, and/or respondents personal information (e.g. ...
The ICA is hosting a free webinar this Wednesday:New gTLD Intelligence Insights from the Experts, which will explore the current status of ICANNs New gTLD Program and whats on the horizon as the next round approaches. Whether you're planning to apply, advising clients, or simply looking to stay informed, this session will offer valuable insights i...
Join us for a timely and informative ICA webinar:New gTLD Intelligence Insights from the Experts, where well explore the current status of ICANNs New gTLD Program and whats ahead as the next round approaches. Whether youre planning to apply, advise clients, or just want to stay informed, this session will give you a deeper understanding of the evo...
Registrant May Retain Legitimate Interest Despite Trademark Abandonment A tour de force decision in all respects, which is made even more interesting considering who the Respondent is. On Identical/Confusing Similarity, the Panel noted in particular, that the mere incorporation of a company and a printout of a homepage are insufficient to establish...
The Importance of Including Material Facts in a Decision The challenge for the reader of the LSAC .com decision is that not enough information is provided for the reader to understand why the Panel accepted the Complainants allegations and ordered the transfer of the disputed Domain Name from the Respondent. Perhaps the Panel had the benefit of com...
As ICANN82 kicks off in Seattle, were looking forward to bringing the domain name community together for an evening of networking, industry discussions, and great company. The ICA Drinks Reception will take place tomorrow at the Rickhouse Whiskey Bar inside Daniels Broiler, offering a relaxed atmosphere for ICA members and industry professionals to...
Finding Bad Faith Despite Lack of Evidence In this case, a Domain Name that predates the Complainant's registered trademark rights dropped and then was registered by a third-party. It apparently was never developed as it is currently on a default GoDaddy landing page. While there may be more evidence of bad faith use in the case file available to t...
We are pleased to announce that Jonathan Tenenbaum has been elected to the ICA Board following a successful member vote, which concluded on February 21st. Jonathans term will officially begin on March 1st, and we are excited to welcome him to the Board. Jonathan brings extensive experience in the domain industry, a deep commitment to the ICAs missi...
Neither Party Knew Who it Was Negotiating With In this thoroughly reasoned decision of <realsense .com>, the Panel made several important observations; 1) The parties did not negotiate directly. Rather, the parties negotiated through an intermediary service so that neither the Respondents nor the Complainant seemingly knew with whom they we...
UDRP Perspectiveshas been updated with new perspectives on the topics ofTrademark InfringementandReputation, written byIgor MotsnyiandZak Muscovitch. UDRP Perspectives welcomes you to review current jurisprudence as it relates to these two important topics or on any of the 50 topics that it covers. The goal of UDRP Perspectives is to provide guidan...
Two-Letter Domain Names, the Big Game, and the UDRP,by John Berryhill As a greater Philadelphia area practitioner, it is worth mentioning that the US held its football championship yesterday (real football, not soccer or that weird thing they do in Australia). The cost of television advertising during this game averages something like US $8 million...
Two-Letter Domain Names, the Big Game, and the UDRP, by John Berryhill John is one of the foremost UDRP defense lawyers having defended hundreds of contested UDRP disputes over 25 years. You can visit his website at https://johnberryhill.com/ and follow him on X at https://x.com/Berryhillj. The views expressed herein are Johns and do not necessaril...
Last month, at the 2025 ICA Member Meeting in Las Vegas, industry professionals from across the domain name space gathered to discuss key developments, connect with peers, and recognize those making a significant impact. One of the highlights of the event was the Award Ceremony, where the first-ever ICA Trailblazer Award was presented to Atom.com a...
Please join the CIIDRC for an informative and free session, open to all via Zoom on February 26, 2025. Sign up here! Complimentary Webinar Register Here! UDRP Perspectiveshas been updated with new perspectives on the topics ofTrademark InfringementandReputation, written byIgor MotsnyiandZak Muscovitch. UDRP Perspectives welcomes you to review curre...
The week began with an exclusiveVIP dinner, bringing together ICAs most prominent and engaged members in an intimate settingan evening made possible by the generous support ofPTL. Then, we officially kicked off atCrash N Burn, where over130 attendeesgathered to reconnect, exchange ideas, and enjoy the vibrant atmosphere. A special thanks toDomainEa...
UDRP Perspectiveshas been updated with new perspectives on the topics ofTrademark InfringementandReputation, written byIgor MotsnyiandZak Muscovitch. UDRP Perspectives welcomes you to review current jurisprudence as it relates to these two important topics or on any of the 50 topics that it covers. The goal of UDRP Perspectives is to provide guidan...
Four explanations for the nature of names Guest Article by Mr. Sten Lilliestrm (LinkedIn) For the duration of the existence of domain registrant rights, a common argument for good faith in the face of existing trademark rights has been whether the contested string is a dictionary entry. Is this an appropriate measure for a domain arbitration panel ...
We are pleased to welcome Unstoppable Domains (UD) to the ICA! UD began in 2018 as a Web3 provider whose unique names are used by customers to build and verify their digital identities, log in to Web3 applications and games, and streamline crypto payments by replacing lengthy crypto wallet addresses with web3 names. Last year, UD broadened its busi...
UDRP Perspectives has been updated with new perspectives on the topics of Trademark Infringement and Reputation, written by Igor Motsnyi and Zak Muscovitch. UDRP Perspectives welcomes you to review current jurisprudence as it relates to these two important topics or on any of the 50 topics that it covers. The goal of UDRP Perspectives is to provide...
Who Solicited Who? As readers will know, different jurisdictions have different procedures for trademark registrations. As the Panel observed in this particular case, the Complainants French trademark was registered on October 14, 2011, but was made effective from March 30, 2011, i.e. the date of application, as is apparently the French practice. U...
No Place for Constructive Notice in UDRP Once again, a Complainant has erroneously relied on constructive notice. The Panel properly dismissed this allegation, in part relying upon Gerald Levines treatise (Clash). As noted in UDRP Perspectives at 3.4, there is no place for the concept of constructive knowledge of trademarks under the Policy. In The...
First Domain Registered Before Complainant Rights, Second One After The Panel correctly determined that a domain name simply cannot have been registered in bad faith when the registration predates a trademark right, as noted in UDRP Perspectives at 3.2. It is axiomatic that a Respondentcould nothave registered a domain name in bad faith before a Co...
As we close out another incredible year, were proud to reflect on all that the ICA community has accomplished in 2024. Here are just a few highlights and you'll find more in our 2024 Infographic Welcoming New Members Over 30 new members joined the ICA, strengthening our voice and expanding our community. Recognizing Excellence This year, we celebra...
The Case of Ekart.com and UDRP Disputes by Indian Companies – Ankur Raheja Is Reliance Industries the owner of the domain nameReliance.com? The answer is simply No and there are additional examples. Domain names are registered on a first-come, first-served basis. In domain dispute proceedings, the panel must determine whether the term is a un...
My Year-End UDRP Roundup by John Berryhill John Berryhill, a Prominent UDRP Lawyer, has successfully handled hundreds of contested UDRP casessince the beginning of UDRP. It's hard to believe another year is winding down. I usually wait a while to post this, but it is unlikely I'll be seeing another decision in a UDRP (or other dispute policy) defen...
The Case of Ekart.com and UDRP Disputes by Indian Companies by Ankur Raheja MCA FCS LLB UDRP / Domain Lawyer, Trademark Expert, Domain Dispute Panelist Is Reliance Industries the owner of the domain name Reliance.com? The answer is simply "No" and there are additional examples. Domain names are registered on a first-come, first-served basis. In dom...
Were excited to welcome D3 to our growing lineup of sponsors for the upcomingICA Member Meeting!As an ICA member and industry pioneer, D3 is committed tobuilding on the foundation of the domain industryand supporting new opportunities for registries, registrars, and domain investors. Fred Hsu(CEO & Co-Founder of D3),Susan Lawrence andKevin Kreu...
Trademark Infringement and the UDRP Notably, the Panel properly rejected the doctrine of constructive notice in the context of the UDRP. As noted in UDRP Perspectives at 3.4, there is no place for the concept of constructive notice of trademarks under the Policy. The essence of a Complaint is an allegation of bad faith targeting of the Complainant....
This month, were switching things up! Instead of our usual AMA, were hosting an ICA December Social a fun, casual call where members can connect, chat about domains, ICA updates, the upcoming Annual Member Meeting, or anything else thats top of mind. Were keeping the vibe light and lively, and there may even be some surprise games to keep ... Rea...
Panel: Complainants Certification Could Not Properly Have Been Given First come, first served is a particularly compelling and clear general principle that one learns in childhood, but it is equally applicable to UDRP disputes as the Panel found in this case. The Panel noted that the Respondent had registered the .com Domain Name back in 2009 six ...
Genuine Criticism Websites Enjoy Safe Harbor Under UDRP The Panel correctly dismissed the Complaint. Whether one has sympathy or not for the target of a critical website, and whether or not one believes that the UDRP can be adapted to address cases of unfair or defamatory websites, the fact is that the UDRP was not intended to be and must ... Read...
Selling Tesla Accessories Bona Fide and Nominative Fair Use As clearly stated by the Panel, the Policy was created to address obvious cases of cybersquatting. It was not intended to address all trademark disputes involving domain names, referencing the WIPO Overview 3.0 at 4.14.6 which states in part, panels have tended to deny the case not on the ...
The Internet Commerce Association is proud to announce the nominees for the 2025 Lonnie Borck Memorial Award and the newly introduced Trailblazer Award. These prestigious honors recognize the outstanding individuals and companies whose contributions have profoundly impacted the domain name industry. The Lonnie Borck Memorial Award celebrates indivi...
Maria is Co-Founder & Creative Director of Catchword Branding and has personally created hundreds of brand names, including Asana, Upwork, Vudu, and VW Atlas. She's also an avid domainer and oversees the Catchword Accelerator‘s inventory of 2000+ premium brandable domains. Profile Questions Name: Maria Cypher Company: Catchword B...
ThisFriday, November 22nd at 1 PM EST, we'll be hosting aSpecial Callwith domain tax expertEd Neff, CPA. Known for his expertise in helping domain investors navigate the intricate U.S. tax code, Ed will guide us through the unique challenges and opportunities of domain name taxation. Agenda Highlights: Determining Business Type for Tax Purposes Is ...
The Challenge of Properly Applying Telstra The key element of the well-known Telstra standard:it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate. while appearing to be simple and intuitive is quite challenging to apply. It is an odd standard that devi...
Complainants Must Establish Reputation as of Date of Domain Registration We often see Complainants making the mistake of proving their reputation as of the time of filing the Complaint, but that is inadequate. Rather, the material date is the date of registration since that is the point in time that we must evaluate whether the Complainants reputat...
Were excited to share thatAtomandHilco Digital Assetswill co-sponsor theClosing Receptionat our Annual Member Meeting in Las Vegas! Join us atBar Zazuon the evening ofTuesday, January 28th, 2025, as we wrap up an amazing few days of fun, insight, and connection. Bar Zazu is a familiar favorite, having hosted our opening reception last year, also sp...
We are excited to announce thatGoDaddywill sponsor theOpening Receptionat our Annual Member Meeting in Las Vegas! The reception will be held on theevening of Monday, January 27th, 2025, at Resorts World, following the days activities. Join us for an evening offood, drinks, and connectionas we unwind after a productive first day. The reception will ...
Panel Takes the Holistic Approach to Oki Data As noted in UDRP Perspectives at 2.3, although the Oki Data test has consistently been applied since 2001, it is best used as a guide and adapted as necessary by Panels. In other words, it is not enshrined in stone, but rather can be a helpful yardstick by which to measure the ... Read More The post Pa...
Intentionality and Trademark Infringement Can a Respondents belief that a Complainant abandoned its trademark, combined with due diligence, vitiate a claim of bad faith registration? Yes, as the Panel found in this case. Here, the Respondent provided an apparently credible explanation of the reasons that it believed that it had the right to registe...
Policy Requires That Bad Faith Must Target Complainant, Specifically, Not Unrelated Third Parties We sometimes see Respondents misapprehend what a generic or descriptive term is. Here, the Respondent argued that the Disputed Domain Name "consists of two generic terms, ‘cyber' and ‘nautic, however as the Panel pointed out, this does not ...
PREVAILING IN CONTESTED AND CLOSE CASES by Gerald M. Levine Some Reflections on the 5% of Complaints Dismissed in UDRP Proceedings (Talk slightly revised given at the CIIDRC Conference on October 18, 2024 in Vancouver, Canada) My task for the next 25 minutes is to define the parameters of prevailing in contested and close cases and to sketch out th...
ICA General Counsel, Zak Muscovitch, led a UDRP Panelist workshop in Vancouver, along with renowned UDRP panelists Steve Levy and Doug Isenberg. The workshop was hosted by the CIIDRC, an ICANN-accredited UDRP dispute resolution provider. Many thanks to Ina Ergasheva, Director of Operations at the Canadian International Internet Dispute Resolution C...
The countdown is ON! In just100 days, ICA members and friends will gather inLas Vegasfor ourAnnual Member Meeting, and you wont want to miss it. Mark your calendars forJanuary 26th 28th, because were bringing together everything ICA is known for authentic connections, fun activities, and meaningful conversations in the heart of Vegas. This year, w...
Free Speech/Criticism as Legitimate Interest The 3-member Forum Panel in <veatchcarlson. com> denied the complaint and found that the Respondent has a legitimate interest in using the disputed domain name for criticizing the Complainant. The issue of free speech/criticism remains one of the grey areas in UDRP jurisprudence. Continue reading...
We are excited to announce that the .ART Registry has joined the ICA, represented by Jeff Sass, Chief Marketing Officer. Jeff joined the .ART team in 2023, bringing extensive experience from his role as CMO and Co-founder of .CLUB Domains, which was successfully acquired by GoDaddy. Jeff has also been a pivotal figure in several start-ups, includin...
Complainant Fails to Prove Prior Trademark Rights The Panel was of course, correct that a trademark right must predate the disputed domain name for there to be bad faith registration. As noted in UDRP Perspectives at 3.2, for bad faith registration to have occurred, the trademark must predate the Respondents domain name registration. UDRP Panels ro...
Were excited to announce our next "Ask Me Anything" session featuring Dave Evanson from Sedo! ICA members, mark your calendars for October 9, 2024, at 1 PM EST for an exclusive opportunity to dive into the world of brokering high-value domain deals. Dave is a highly respected figure in the domain industry, known for facilitating numerous high-profi...
Armoured Vehicle Business Dispute Involving Competing Trademark Registrations You will note that the Panel stated that the Respondent in this case did not request a finding of RDNH, but such a finding seems appropriate in the circumstances. This approach fulfils the Panels obligation to consider whether a Complaint is abusive in every case that war...
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