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Complainant Demanded Respondent Sell Domain Name or Would Bring UDRP vol. 5.43

 Mark As Read    

Complainant Demanded Respondent Sell Domain Name or Would Bring UDRP Most UDRP cases are run of the mill cases that consist mainly of very similar fact patterns which disclose a clear case of cybersquatting. A significant minority however, are laden with unique circumstances, challenging legal questions, or conflicting evidence. Some such complicat...

Internet Commerce Association 7 hours, 51 min ago

Panel: Height of Irony for Complainant to Accuse Respondent of Typosquatting vol 5.42

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Panel: Height of Irony for Complainant to Accuse Respondent of Typosquatting When Respondent Owned Properly Spelled Domain, Prescriptive[.com] Congratulations to the Panel for its solid and clear-eyed rejection of a baseless claim. Also, congratulations to the Respondents counsel (an ICA Member) for his successful defense. It is a shame however, th...

Daniel Law Steps Down from the ICA Board After Nearly 2 Decades

 Mark As Read    

As part of this years Board of Directors election, the ICA would like to recognize and thank Daniel Law, who has stepped down from the ICA Board after nearly two decades of dedicated service, including time as Interim Executive Director. Daniel has been a key contributor to the ICAs growth and evolution, providing steady leadership and thoughtful g...

Behind the ICA Board: Who Serves and How They Get There

 Mark As Read    

How the ICA Board Works Ever wondered how members of the Internet Commerce Associations Board are chosen, or how the Board itself is structured? As the group guiding our advocacy, events, and strategic direction, the Board plays a vital role in shaping the ICAs work on behalf of the domain investment community. Heres a quick look at how it all ... ...

Respondent Physician and Investor Provided Plausible Explanation For Domain Name Registration and Use vol. 5.41

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COURT UPDATE: Lawsuit Filed by Complainant After UDRP on FyreFestival.com Dismissed. In our September 24, 2025 UDRP Digest we reported on this UDRP decision (See: Did the Panel Unjustly Deprive the Complainant of a Transfer?. ICA General Counsel, Zak Muscovitch, commented that in dismissing what appears to be a strong and clear case, the Panel has ...

Nat Cohen and Ryan McKegney Re-Elected to the ICA Board of Directors

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Were happy to share that Nat Cohen and Ryan McKegney have been re-elected to serve on ICA's Board of Directors. This will be Ryans second year on the Board, and in just his first year hes already made a big impact, stepping into a leadership role on the Executive Committee and taking on the position of Vice Treasurer. Ryans insight ... Read More T...

Panel: No Per se Legal Obligation Under the Policy to Conduct a Trademark Search vol 5.40

 Mark As Read    

Panel: No Per se Legal Obligation Under the Policy to Conduct a Trademark Search This case is notable for how the Panel took an appropriately nuanced view of the utility of conducting a trademark search. The Panel noted that there is not a per se legal obligation under the Policy to conduct a search of trademark office databases as a ... Read More...

Registration of Stamps .com Mark Does Not Confer an Exclusive Right to the Stand-Alone Term Stamps vol 5.39

 Mark As Read    

Registration of "Stamps .com" Mark Does Not Confer an Exclusive Right to the Stand-Alone Term "Stamps" This case will be of special interest for those who have wondered how the UDRP will consider the U.S. Supreme Courts Booking.com decision. The ICA filed an amicus brief in the Booking.com case through its very able counsel, David Weslow of Wiley a...

Welcome Global Tech Leader Squarespace as ICAs Newest Platinum Member

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We're proud to announce that Squarespace, a global leader in the digital presence industry, has joined the Internet Commerce Association (ICA) as a Platinum Member. Squarespace's membership marks a significant milestone for the ICA and the broader domain name community. As one of the world's leading domain registrars, Squarespace brings the voice o...

Did the Panel Unjustly Deprive the Complainant of a Transfer? vol. 5.38

 Mark As Read    

Did the Panel Unjustly Deprive the Complainant of a Transfer? The Panels decision is confounding to me. Despite a lengthy and complex decision, the facts to me appear rather simple. The Complainant had a very well-known common law trademark for a music festival located in the Bahamas which preexisted the Respondents registration of the Domain Name....

Meet the ICA at the NamesCon Opening Party!

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Are you planning to attendNamesCon, taking placeNovember 46 in Miami? Were excited to share that the ICA will have its own dedicated area at theNamesCon Opening Partythis year! Its a great chance to connect with fellow ICA members, meet new people in the industry, and kick off the conference together! NamesCon bringstogether investors, registrars, ...

Watch the ICA Webinar Replay: Whats Next for New gTLDs

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Thank you to everyone who joined us for yesterdays ICA webinar on the next round of new gTLDs.We were thrilled with the turnout and the level of engagement throughout the session. The lively discussion made it clear that this is a timely and important topic for our community, and were glad we could bring so many perspectives together in one ... Re...

Contrived Complaint or Unsuccessful Complaint? vol. 5.37

 Mark As Read    

Contrived Complaint or Unsuccessful Complaint? When it comes to RDNH, I have consistently said that while Panelists are required to consider it when appropriate, RDNH is ultimately a matter of Panelist discretion having regard to the circumstances. Here, it appears that the Complainant apparently fumbled the case by failing to provide evidence of c...

2026 Lonnie Borck Memorial Award and Trailblazer Award Nominations

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Were pleased to announce that nominations are now open for the 2026Lonnie Borck Memorial AwardandICA Trailblazer Award. These two awards celebrate different, but equally important, contributions to our industry, and we hope youll take a few moments to nominate someone or a company you believe deserves recognition. Deadline to nominate: November 2, ...

Panel: Complainants Attempted to Pervert UDRP Process with Forged Trademark vol. 5.36

 Mark As Read    

Panel: Complainants Attempted to Pervert UDRP Process with Forged Trademark As the saying goes, forewarned is forearmed. We must thank Panelist Steven Maier for warning us all that such frauds can occur in the UDRP and that Panelists must always be vigilant when reviewing a case. Often such vigilance extends to examining the trademark register itse...

Complete Absence of Evidence of Targeting Leads to RDNH vol. 5.35

 Mark As Read    

Complete Absence of Evidence of Targeting Leads to RDNH Although not expressly mentioned in the decision, the word, ONIRIC happens to be a dictionary word meaning related to dreams or dreaming. That provides an explanation of why the Respondent registered the Domain Name in the first place and also why the Complainant selected it for its brand as w...

New gTLDs: The Latest Intelligence from the Experts

 Mark As Read    

Expert Insights on Whats Next for the New gTLD Program Back in March, the ICA hosted a well-attended webinar on the next round of new gTLDsand the strong interest and evolving landscape made it clear theres more to cover. As the next application window approaches, were bringing in a curated panel of leading experts on new gTLDsSusan Payne, Christa ...

Three-Letter .Com Domains Are Valuable Because Theyre Easy to Remember and Scarce vol. 5.34

 Mark As Read    

Three-Letter .Com Domains Are Valuable Because They're Easy to Remember and Scarce An exceptionally well-reasoned decision by the Panel. I particularly appreciate how the Panel observed that there are some three letter trademarks where the evidence of fame and reputation is well established on a world-wide basis and it is generally straightforward ...

What is the Proper Scope of the UDRP? vol 5.33

 Mark As Read    

What is the Proper Scope of the UDRP? Panelists, including in the above dispute, are regularly making findings that disputes brought before the UDRP are outside of the scope of the UDRP. What is the proper scope of the UDRP and what causes a dispute to be outside of this proper scope? The word scope does not appear in the ... Read More The post Wh...

What is the Proper Scope of the UDRP? by Nat Cohen

 Mark As Read    

What is the Proper Scope of the UDRP? by Nat Cohen Panelists, including in the above dispute, are regularly making findings that disputes brought before the UDRP are outside of the scope of the UDRP. What is the proper scope of the UDRP and what causes a dispute to be outside of this proper scope? The word "scope" does not ... Read More The post W...

Mid-Year ICA Member Summer Social

 Mark As Read    

Join us next week, for our virtual Mid-Year Social onWednesday, August 20th! Its a fun opportunity to connect with fellow members, share updates, catch up on industry news, or chat about upcoming conferences, including our Member Meeting in Vegas! The post Mid-Year ICA Member Summer Social appeared first on InternetCommerce.org.

Ticket Prices Increase This Saturday Dont Miss Out!

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If you havent gotten your ticket for the ICA Annual Member Meeting yet, nows the time!Prices will increase this Saturday, August 16th, so lock in the current rate today! >>Get Your Ticket Here<< The ICA Annual Member Meeting will take placeJanuary 1517, 2026atPark MGM in Las Vegasnew venue, same amazing energy! In the upcoming weeks...

Complaint Filed Despite Voluntary Rebranding vol 5.32

 Mark As Read    

Complaint Filed Despite Voluntary Rebranding Being overly aggressive with the UDRP can sometimes backfire, as we saw here. Having already completed the rebranding prior to the Complaint being filed, the Respondent demonstrated its willingness to voluntarily resolve this matter. Nevertheless, it was the Complainants allegation of bad faith registrat...

RDNH Rulings on Pace to Set Record vol. 5.31

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RDNH Rulings on Pace to Set Record – Nat Cohen The first six months of the year saw 36 RDNH findings. If that pace continues there will be over 70 RDNH findings by year end. There are many different reasons why a panel may determine that a finding of RDNH is justified. Ignoring precedent was cited in twelve of those ... Read More The post RD...

RDNH Rulings on Pace to Set Record by Nat Cohen

 Mark As Read    

RDNH Rulings on Pace to Set Record – Nat Cohen The first six months of the year saw 36 RDNH findings. If that pace continues there will be over 70 RDNH findings by year end. There are many different reasons why a panel may determine that a finding of RDNH is justified. Ignoring precedent was cited in twelve of those ... Read More The post RD...

Panel Reformulates Oki Data Test and Proposes Lost Mary Criteria vol. 5.30

 Mark As Read    

Panel Reformulates Oki Data Test and Proposes Lost Mary Criteria It is rare for a decision to expressly adopt a new interpretative framework. Yet that is what the Panel boldly did here; the Panel found that it is time to adjust the Oki Data criteria according to current needs in the e-commerce world and even renamed it as the Lost ... Read More Th...

ICA Members Save 20% on NamesCon Tickets!

 Mark As Read    

ICA Members, are you planning to attend NamesCon, taking placeNovember 46 in Miami? If you havent registered yet, now is a great timeticket prices increase on August 1. As an ICA member, you can save20% on registration using our exclusive discount. Check your inbox – it was emailed to all members today. NamesCon has just announced new speaker...

The ICA Hosts Second Annual Levine Lecture Featuring David H. Bernstein

 Mark As Read    

The Internet Commerce Association (ICA) was honored to host the second annual Levine Lecture on July 21, 2025. This years lecture featured renowned intellectual property attorney David H. Bernstein, who delivered a compelling presentation titled"Trademark Infringement and Other Close Cases Adjudicating UDRP Disputes in the Face of Hotly Disputed F...

Panel: Complainant Made a Farce of the Proceeding vol 5.29

 Mark As Read    

Panel: Complainant Made a Farce of the Proceeding The Panel to its credit, expressly noted that the Policy enables a Respondent to establish its rights or legitimate interest in a Domain Name under Paragraph 4(c): The Panel concludes that Respondent has a legitimate interest in respect of the Domain Name. It is clear from the record that Respondent...

Limitations of UDRP Prevent Panel from Assessing Fair Use and Laches Defense vol. 5.28

 Mark As Read    

The Levine Lecture series honors Gerald Levine, recipient of the ICA Lifetime Achievement Award for his significant scholarly contributions to the UDRP. Gerry is the author of Domain Name Arbitration and the subsequent The Clash of Trademarks and Domain Names on the Internet. Join us for this unique opportunity to hear from one of the most respecte...

Classic Plan B Case: Policy Used After Failure to Acquire Domain Name in Marketplace vol 5.27

 Mark As Read    

The Levine Lecture series honors Gerald Levine, recipient of the ICA Lifetime Achievement Award for his significant scholarly contributions to the UDRP. Gerry is the author of Domain Name Arbitration and the subsequent The Clash of Trademarks and Domain Names on the Internet. Join us for this unique opportunity to hear from one of the most respecte...

Selling Price Does Not Reflect Targeting of the Complainants Trademark vol 5.26

 Mark As Read    

The Levine Lecture series honors Gerald Levine, recipient of the ICA Lifetime Achievement Award for his significant scholarly contributions to the UDRP. Gerry is the author of Domain Name Arbitration and the subsequent The Clash of Trademarks and Domain Names on the Internet. Join us for this unique opportunity to hear from one of the most respecte...

Dissenting Panel: Complaint is an Overreach and a Long Shot Such That RDNH is Appropriate vol. 5.25

 Mark As Read    

Last Call! Only 3 days left to submit feedback on the Initial Report from the WIPOICA UDRP Project Team, co-led by Brian Beckham and Zak Muscovich. You can re-watch the webinar with Brian Beckham and Zak Muscovitch,here: https://youtu.be/lsJt81ryzrA. Your input – whether it's detailed feedback or a quick note – will help shape the final...

Join Us in Vegas: Registration Now Open for the 2026 ICA Member Meeting

 Mark As Read    

Registration is now officially open for the 2026 ICA Member Meeting, taking place January 1517, 2026 at Park MGM in Las Vegas! Each year, the ICA Member Meeting brings together domain investors, service providers, and key players from across the domain name industry. In 2026, take advantage of three full days of connection, conversation, and commun...

Panel: Complainant Abused URS Proceeding vol. 5.24

 Mark As Read    

The Levine Lecture series honors Gerald Levine, recipient of the ICA Lifetime Achievement Award for his significant scholarly contributions to the UDRP. Gerry is the author of Domain Name Arbitration and the subsequent The Clash of Trademarks and Domain Names on the Internet. Join us for this unique opportunity to hear from one of the most respecte...

Panel: Complainant Conjured and Misrepresented Facts vol 5.23

 Mark As Read    

The Levine Lecture series honors Gerald Levine, recipient of the ICA Lifetime Achievement Award for his significant scholarly contributions to the UDRP. Gerry is the author of Domain Name Arbitration and the subsequent The Clash of Trademarks and Domain Names on the Internet. Join us for this unique opportunity to hear from one of the most respecte...

Appeals Panel: Complainant Should Pay Innocent Respondent its Costs and Apologize vol 5.22

 Mark As Read    

Webinar Recording Thank you to everyone who joined Zak Muscovitch and Brian Beckham for ICAs special webinar on theInitial Report of the WIPOICA UDRP Review Project Team. If you missed it, or would like to re-watch it, therecordingis availablehere. We hope you will enjoy this edition of the Digest (vol. 5.22) as we review these noteworthy recent de...

The Internet Commerce Association Congratulates ICANN Grant Recipients

 Mark As Read    

The ICA, which has been a leading advocate for domain name registrant rights since its founding in 2006, congratulates Universidad Catlica del Norte, along with Humberto Rolando Carrasco Blanc, Margarita Valds, Kathy Kleiman, Chris Reed, and Javier Maestre Rodrguez, on receiving an ICANN grant dedicated to supporting UDRP defenses. This groundbreak...

Recording of the WIPO-ICA UDRP Report Review Webinar

 Mark As Read    

Thank you to everyone who joined us live for the ICAs special webinar yesterday, presenting theInitial Report of the WIPOICA UDRP Review Project Team. It was a great session, and were excited to share therecordingwith you. This collaborative project, co-led byBrian Beckham (WIPO)andZak Muscovitch (ICA), reflects on nearly 25 years of the UDRP and e...

Panel: Incumbent Upon Complainant to Prove Respondent had Complainant in Mind vol. 5.21

 Mark As Read    

The ICA will hold a special webinar for the domain name community to discuss the recently releasedInitial Report of the WIPO-ICA UDRP Review Project Team. Join Brian Beckham (Head Internet Dispute Resolution Section at WIPO) and Zak Muscovitch (General Counsel, ICA)co-leads of the reviewfor a conversation on the reports key findings, areas of agre...

Outright Lies, False Identity, and False Evidence Employed in Reverse Hijacking Attempt vol 5.20

 Mark As Read    

The ICA will hold a special webinar for the domain name community to discuss the recently releasedInitial Report of the WIPO-ICA UDRP Review Project Team. Join Brian Beckham (Head Internet Dispute Resolution Section at WIPO) and Zak Muscovitch (General Counsel, ICA)co-leads of the reviewfor a conversation on the reports key findings, areas of agre...

Essay Part 3: How Did a UDRP Jurisprudence Come to be Built by Gerald M Levine

 Mark As Read    

Essay by Mr Gerald M Levine, Part 3 Gerald M. Levine, Esq. is a UDRP Panelist and counsel, and is the author of the Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting(2019) and The Clash of Trademarks and and Domain Names on the Internet (2024).He also has an upcoming book with David Weslow on the ... Re...

Join us for the Second Annual Levine Lecture, by David H. Bernstein

 Mark As Read    

The Internet Commerce Association is honored to welcome David Bernstein as the featured speaker for the Second Annual Levine Lecture, a series that highlights influential voices shaping domain name policy and dispute resolution. The Levine Lecture series honors Gerald Levine, recipient of the ICA Lifetime Achievement Award for his significant schol...

ICA Members Dominate Escrows 2025 Master of Domains Award

 Mark As Read    

Were proud to share that many of our members have been recognized in the 2025 Master of Domains awards, presented by fellow ICA member Escrow.com. This annual list celebrates top-performing domain brokersand its fantastic to see so many familiar ICA names included. Congratulations to the following ICA members named in the 2025 Master of Domains: * ...

Panel Rejects Debunked Theory of Retroactive Bad Faith Registration vol 5.19

 Mark As Read    

The ICA will hold a special webinar for the domain name community to discuss the recently releasedInitial Report of the WIPO-ICA UDRP Review Project Team. Join Brian Beckham (Head Internet Dispute Resolution Section at WIPO) and Zak Muscovitch (General Counsel, ICA)co-leads of the reviewfor a conversation on the reports key findings, areas of agre...

Essay Part 2: Demands and Expectations by Gerald M Levine

 Mark As Read    

Essay by Mr Gerald M Levine, Part 2 Gerald M. Levine, Esq. is a UDRP Panelist and counsel, and is the author of the Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting(2019) and The Clash of Trademarks and and Domain Names on the Internet (2024).He also has an upcoming book with David Weslow on the ... Re...

Youre Invited: WIPO-ICA Report Webinar Insights into UDRP Reform

 Mark As Read    

The Internet Commerce Association invites you to a special webinar for the domain name community to discuss the recently released Initial Report of the WIPO-ICA UDRP Review Project Team. Join Brian Beckham (Head – Internet Dispute Resolution Section at WIPO) and Zak Muscovitch (General Counsel, ICA)co-leads of the reviewfor a conversation on ...

Save The Date Ica.vegas At Park Mgm!

 Mark As Read    

Were thrilled to announce that the ICA Member Meeting ICA Vegas 2026 – will take place January 1517, 2026, at the Park MGM in Las Vegas! This year, were leveling up while keeping everything you love about ICA gatherings: great people, authentic conversations, and a focus on connection, learning, and community. Why attend ICA Vegas? We heard...

Panel: Complaint Was Brought to Harass Respondent Spa Owner vol 5.18

 Mark As Read    

Essay by Mr. Gerald M. Levine Help! Someone has registered a Domain Name Corresponding to my Trademark. Help! Im being Accused of Squatting on Someones Trademark. PART 1: DEMANDS AND EXPECTATIONS In the vast percentage of UDRP casesa number that has varied over the years but is currently in the 95% rangepanelists have found accused registrants to b...

Essay Part 1: Unsorting the Clear from the Unclear by Gerald M Levine

 Mark As Read    

Essay by Mr Gerald M Levine, Part 1 Gerald M. Levine, Esq. is a UDRP Panelist and counsel, and is the author of the Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting(2019) and The Clash of Trademarks and and Domain Names on the Internet (2024).He also has an upcoming book with David Weslow on the ... Re...

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