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Vinod Reghunathan – Internet Entrepreneur: There comes a time when you don't care what others think of you, because, deep down you are sure of what you are! Name: Vinod Reghunathan Company: www.aidor.xyz Favorite Domain: crypto.com Favorite Industry Conference: Namescon, ICA Favorite Industry Blog(s): DnJournal Tell us a little bit abo...
Complainant Stumbles on Creation Date vs. Registration Date, and RDNH Found This was tough luck for the Complainant but as the Panel noted, the Complainant has not attempted to deal with the basic problem that the disputed Domain Name was first registered some three years before the Complainant was founded. The Domain Name was created in 1995 befo...
We are thrilled to invite you to the 9th Annual ICA Dinner at NamesCon, an evening filled with delicious food, drinks, and exceptional networking opportunities with industry leaders. ICA Members can purchase their tickets starting today, and the sales will be open to everyone starting next Friday, April 26th. If you're not a member, but are conside...
Six Times Unlucky: Spanish Government Agency Fails Again to Protect Alhambra Monument What this case ultimately came down to, was the Complainants conflation of the reputation of the monument itself, with the Complainants trademark. As the Panel observed, there is nothing before the Panel that suggests that the Complainant would be entitled to conf...
THE ROLES OF CERTAINTY AND DOUBT IN UDRP DISPUTES There are two invariables in UDRP proceedings: the first is that 95% of all cybersquatting disputes result in cancelling registrations or transferring disputed domain names to complainants accounts; and the second is that respondents in this group rarely respond because the claims are indefensible; ...
Law Firm Whose Client Escaped RDNH Last Time, Not as Lucky This Time Readers may recall the PitStop case from Digest Vol. 4.12 last month. In commenting upon the decision, I questioned whether the Panel was justified in declining to find RDNH. In that case, I pointed out that the Complainant, represented by a Brazilian law firm, proceeded headlong ...
Brian Harbin – Founder & Broker @ GritBrokerage.com: "Using our passion and perseverance to serve our clients." Name: Brian Harbin Company: Grit Brokerage Favorite Domain: Grit.org Favorite Industry Conference: ICA of course! Tell us a little bit about your background and your personal story, how did you get involved in the domain industr...
Panel: Privacy Services are a Standard Feature of Contemporary Domain Name Registrations This case should finally put to rest the Whois Privacy is evidence of bad faith argument which continues to raised by both counsel and Panelists despite it being a relic from days gone by. As noted by the Panel, Whois privacy is a standard feature these days, e...
Todd is a branding executive with over 30+ years of leadership experience. Having experienced every aspect of launching and growing a brandfrom M&A to IPOs and start-ups, he is passionate about telling the best story possible about the brands he serves, and knows firsthand the critical difference the right domain makes. Name: Todd Henderson Com...
Complainants ‘Sincere Belief' Runs Contrary to Policy But Saves it from RDNH The denial of RDNH in this case, is frankly difficult to comprehend. On the facts as presented in the decision, this indeed seems to be amongst the very clearest of RDNH cases. First, the Respondent had an overt and clearly legitimate interest in the Domain Name̷...
Zak Muscovitch comments on the issue of common law rights raised in the decision on <lifefenefits .com> Securian Financial Group, Inc. v. Carolina Rodrigues / Fundacion Comercio Electronico, NAF Claim Number: FA2204001991732, (UDRP Digest Vol 2.21) In this case, the Panel accepted the Complainants contention that the Complainant enjoyed com...
By Mr. Gerald M. Levine The commentaries in the Weekly Digest give a good account of the panelists reasoning for their decisions but I thought it would also be instructive to discuss the decisions from two other perspectives. The first is the evidentiary demands of the UDRP and the second is the accumulated wisdom of authoritative decisions which c...
As always, we've got something special lined up for our next ICA AMA! Mark your calendars for next Wednesday, March 27th at noon Eastern because Josh Reason, an ICA member and an expert in the domain market, will be taking the floor. Josh isn't just any industry expert; he's a seasoned brand consultant and entrepreneur with a portfolio of businesse...
Complainant's failure to demonstrate timely trademark rights dooms complaint? Especially because it was decided on other grounds, the dispute over <FreshKidz .com> offers an opportunity to consider the current state of classic cybersquatting in an era where domain name investors have registered millions of domain names that they believe hav...
A Legitimate Question by Mr. Sten Lilliestrm (LinkedIn) No official effort to prohibit domain name investment has ever materialized in the 25 year history of the UDRP. That is a significant stamp of approval. So why does it still seem like buying and selling domain names is an illegitimate enterprise? Why are the most likely labels misnomers like "...
Domain work part 2 – Sales by Mr. Sten Lilliestrm (LinkedIn) When the domain name has finally landed safely in your registrar account against all odds are you now an investor? Not in a million years. You also need to sell the damn thing. Without sales you were only ever a collector at best. Selling domain names on ... Read More The post Do...
Impersonating Retired Executive to Perpetrate Fraud There is often a disconnect between how UDRP decisions are reasoned and how they are written. This is particularly evident with the finding of bad faith. In making a finding about bad faith, a panelist weighs all the evidence as a whole within the context of the circumstances of the case to assess...
Panelists Be forthright! The <DWIcompanies .com> decision by ICA Director and Domain Name Investor, Nat Cohen: There is often a disconnect between how UDRP decisions are reasoned and how they are written. This is particularly evident with the finding of bad faith. In making a finding about bad faith, a panelist weighs all the evidence as a...
It is with profound sadness that we announce the passing of Howard Neu this past weekend. Howard was a founding member of the ICA and a respected UDRP attorney, as well as the co-founder of many domain name conferences:T.R.A.F.F.I.C., Merge, and The Domain Conference. Howard's remarkable journey before his significant contributions to the domain na...
An Unrepresented Complainant is Still Responsible for Understanding the Policy One of the most common mistakes that we see in Complaints is Complainants failing to provide background information about themselves. Often Complainants simply launch into their allegations and argument without so much as explaining who they are and what they do. In this...
Domain work part 1 – Acquisition by Mr. Sten Lilliestrm (LinkedIn) The domains which domain name investors select for acquisition can vary wildly as noted in the previous articles in this series. But regardless of successfully identifying a domain name with perceived value, nothing is accomplished without hard work by domain name investors. A...
The brandable idea by Mr. Sten Lilliestrm (LinkedIn) In the previous article we examined the laws of tradition as they pertain to domain investing. According to the The legacy idea, datapoints such as search keyword metrics allegedly reveal if a domain name is valuable or not. At the same time, end user preferences indicate that there is more to th...
No RDNH Finding Leads to Questions About Treatment of Complainants Versus Respondents: As noted by Andrew Allemann in an article in Domain Name Wire this past week, the primary allegations in the Complaint were unsubstantiated and the Complaint was essentially dead on arrival. Under the circumstances, the lack of an RDNH finding in the <gpi .co...
We are thrilled to share photos from the member meeting Pickleball Tournament, AKA the Kubba Kup! We owe a huge thank you to Jeff Brooks, who captured these action shots and made them accessible to all of us. If you're an ICA member, you should have received a link to the photos. Reach out to us if you haven't. The post ICA Member Meeting Picklebal...
RDNH Finding in No Response Case I found this decision particularly satisfying. It is well known that people do things online that they otherwise wouldnt do in person. The same holds true with the UDRP. As counsel, would you dare certify an obviously incomplete or inaccurate pleading if you had to face the judge in person in a court room? ... Read...
The Legacy Idea by Mr. Sten Lilliestrm (LinkedIn) Domains are a truly remarkable commodity. They are all issued in the limited edition of 1:1 by design. So much for "stocking up on bestsellers". As a consequence, domain investors must rely on their ability to build theories about the nature of demand, and to uncover evidence that supports th...
Respondent Fails to Clearly and Accurately Disclose Relationship With Complainant 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 good or bad faith of ... Re...
This Thursday, Feb 8th, ICA members are invited to a unique webinar featuring insights from the forefront of ‘Web 2.5'the intersection where Web2 and Web3 technologies meet. This session offers a direct line to the thoughts and strategies of those at the helm of companies bridging Web2 and Web3. Now, let's introduce our expert panel, each con...
The ICA Member Meeting in Las Vegas this year was a wonderful gathering of ICA members who learned, discussed, and connected. In addition to networking activities, sessions, and dinners, members who attended were also part of a very special event the seventh annual Lonnie Borck Memorial Award (LBMA) Ceremony. The ceremony was held during the closi...
Complainant Failing to Meet Standing Requirement of the Policy, Reprimanded:The first element of the Policy serves as a standing requirement under the UDRP. The threshold inquiry under the first element of the Policy typically involves a relatively straightforward comparison between the Complainants trademark and the disputed Domain Name, read more...
No Love for 3-Paragraph Complaint Over Descriptive Domain, Despite Trademark It is noteworthy and gratifying that the Panel in this matter saw fit to declare Reverse Domain Name Hijacking. This does not appear to have been a cybersquatting case, but rather an instance of a Complainant coveting a similar domain name that had been lawfully used for o...
Snap! We got RDNHd! It is satisfying to see that the Panel critically reviewed the Complainants claim of common law rights. All too often Panels will give a Complainant an undeserved pass under this part of the three-part UDRP test, but here, the Panel declined to find common law rights based upon a close look at the provided evidence, which ... R...
BEDS.COM: Wilful Blindness Only Applies to Distinctive Marks You may recall that I have from time to time focused on what it takes to demonstrate acquired distinctiveness or a secondary meaning in an otherwise descriptive or generic term. This issue has again arisen in this case because the Complainant alleged common law trademark rights in BEDS.CO...
We are thrilled to be able to spotlight the nominees of the 2024 Lonnie Borck Memorial Award, a tribute to those who have made exceptional contributions to fostering a sense of community within the domain name industry. Each individual nominated has left a mark on the domain industry through their commitment, expertise, and generosity. At the same ...
We hope you will enjoy this edition of the Digest (vol. 3.43), as we review these noteworthy recent decisions, with expert commentary. (We invite guest commenters to contact us): Playhouse.com: Play Around and Find Out (playhouse .com) Nominative Fair Use: Lack of Disclaimer Not Fatal to Respondents Case (italysegwaytours .com *with commentary) ...
When it Comes to 3-Letter .Coms, Complainants Usually Fail Three-letter .com domain names are generally amongst the most sought after because they often correspond to common abbreviations or are otherwise broadly used by many parties. As such, rarely is their value primarily or exclusively attributable to a single trademark holder, with notable exc...
The sponsor list for our upcoming event in Vegas is growing, and we couldnt be more excited! In addition to our group of existing sponsors,SquadhelpwithHilco Digital,GoDaddyandAbove.com, please help us by thankingDynadotforEnergizing your Coffee Breaks andit.com forFueling Your Friday Lunch! Our sponsors help us make this even possible, and we're t...
PPC Links Related to Domain Name Demonstrate Legitimate Interest Most of the time UDRPs are brought to enforce trademark rights. At other times however, they are brought to get a domain name seen as important to a new marketing or branding strategy. The disputed Domain Name was originally created in 1998 and registered by the Respondent it in 2017....
We're thrilled to unveil the first sponsors of our upcoming ICA Member Meeting in Las Vegas. A big thank you to these member companies for supporting the ICA and helping us bring you an unforgettable event! Squadhelp and Hilco Digital Assets are sponsoring our opening reception. Get ready for an unforgettable kickoff evening courtesy of these indus...
Website Content Assists in Demonstrating Confusingly Similarity and Bad Faith Registration The three-member Panel rightly took note of the generic nature of the words comprised in the disputed Domain Name, noting that "Smoky Mountain" is a geographic signifier referring to The Great Smoky Mountains that border Tennessee and North Carolina in the so...
Our next AMA is just a few days away! Join us this Friday for a chat with none other thanJohn Berryhill! John is an intellectual property attorney with vast experience in copyright, trademark, patent, and domain name law. Hes well known in the domain industry for representing many registrants in UDRP hearings, defending high-profile clients, and, o...
"Unrebutted Circumstantial Evidence" Leads to Transfer of Dictionary Term Domain Name There is a price to be paid by not responding to a Complaint. Responding to a legal proceeding, and the UDRP in particular, affords the registrant with the opportunity of putting its facts and arguments before the Panel and rebutting the Complainants facts and arg...
Is This a Trademark Dispute or Cybersquatting? The Respondent in <ensure-nest .com> has an apparently genuine business and website selling ENSURE-branded bird nests, thereby demonstrating that this smacks of a trademark dispute rather than a cybersquatting dispute. Read more here. We hope you will enjoy this edition of the Digest (vol. 3.38...
The most notable aspects of <sage .ai> case are: Dealing in domain names in the secondary market is a legitimate trading activity. By its very nature, domain name investing is speculative. A domainer usually has the intention of reselling domain names at a price in excess of the purchase price. Being a domainer is a risky business and is no...
We're happy to announce that we're restarting our AMA series this month! Join us next Wednesday, September 20th, for a candid chat with Sten Lilliestrom. Sten is a domain investor, a former radio journalist, and an IP paralegal. He is interested in the future in general and the future of brandable sales in particular. He tries to put the "name" ......
The Challenge of Applying the Passive Holding Doctrine in the Absence of a Response by Nat Cohen. While most disputes are undefended, that usually poses little problem for a Panel as the Disputed Domain Name is often put to an obvious bad faith use or it is often the typosquat of a famous, distinctive mark.Read here We hope you will ... Read More ...
The Challenge of Applying the Passive Holding Doctrine in the Absence of a Response, by Nat Cohen Nat Cohen is an accomplished domain name investor, UDRP expert, proprietor of UDRP.tools and RDNH.com, and a long-time Director of the ICA. While most disputes are undefended, that usually poses little problem for a Panel as the Disputed Domain Name i...
Ultra Premium Two-Letter .COM Recovered in Theft Case Two-letter .com domain names like PV .com are extraordinarily valuable and sought after. They are the ultra-luxury real estate of the domain name space. Think, Rodeo Drive in Beverly Hills, the Peak in Hong Kong, and Belgravia in London. Just last week, the ultra-premium domain name, VT.com sold...
We are thrilled to announce that tickets for our highly anticipated ICA Member Meeting go onsaletoday! The meeting is scheduled for Thursday and Friday, January 18-19, 2023. To make this experience even more enriching, we have also planned additional activities around these official meeting dates on the 17th and 20th! Join us for this one-of-a-kind...
How Would You Decide the Screencast .ai dispute? In the dispute over the screencast .ai domain name, the legally represented Respondent claims that the term "screencast" has become genericized over the 15 years that have passed since it was first registered as a trademark. The Complainant asserts that it is still a valid trademark and that by offer...
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