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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...
Panel: Respondent's Prerogative to Seek Any Price it Wishes for a Generic-Word Domain Name Although the Panel ultimately rejected the claim for RDNH, the Panel did consider it – as is its duty to under the Rules where the facts so warrant, as was the case here. RDNH is a discretionary remedy and Panels have significant latitude in accepting o...
Does Res Judicata Apply to Refiled UDRP Complaints? Looking back at the original case, the Complainant's arguments (as summarized in the second decision) do not seem to quite match what transpired there. The US trademark registration application was filed on the same day that the complainant's domain name was registered, January 23, 2019. The Compl...
We are thrilled to announce that nominations are now open for the 2025 Lonnie Borck Memorial Award! This award honors those who make an exceptional contribution to fostering a sense of community within the domain name industry. Previous recipients are: 2024: Jason Sheppard 2022: Andrew Allemann 2021: Michael Cyger 2020: Ron Jackson 2019: John Berry...
System Critical Updates Available by Mr. Sten Lilliestrm It is not uncommon to believe that language is merely a set of arbitrary units that we learn by rote. That is perhaps the legacy view and the common idea. But at the heart of modern Linguistics are hard, unresolved questions about what is actually going on under the hood. And the ... Read Mo...
Article: System Critical Updates Available by Mr. Sten Lilliestrm(LinkedIn) It is not uncommon to believe that language is merely a set of arbitrary units that we learn by rote. That is perhaps the legacy view and the common idea. But at the heart of modern Linguistics are hard, unresolved questions about what is actually going on under the hood. A...
An update to UDRP Perspectives was released on August 30th. This version offers entirely new perspectives on Personal Names (1.9) and on Prior Business Relationships (3.9), as wellas revised and expanded Perspectives on And not Or (3.1) and on Setting a Price and Offering for Sale (3.5). This version also includes the addition of many recently publ...
We are excited to introduce theICA Trailblazer Award, a new honor developed by the ICA to recognize and celebrate companies and individuals that have significantly advanced the domain name industry by creating an especially innovative product or service with lasting influence on our business. A robust, sophisticated industry has grown from modest r...
Nominative Fair Use Favoring a Holistic Approach to the OKI Data Test This decision is one of a number of recent cases that have looked beyond the binary questions of items two and three of the venerable Oki Data test, i.e., whether a respondents website sells only the trademarked goods or services and not those of a complainant's competitors ... ...
The Internet Commerce Association has always been at the forefront of the .com pricing issue. In fact, .com pricing was one of the reasons that the ICA was founded in 2006. In 2012, the ICA was instrumental in freezing .com wholesale pricing at $7.85. In 2018, despite the concerted efforts of many in the domain name community including the ICA ... ...
Was the domain name registered in bad faith? Targeting vs. Constructive notice in the UDRP The Complainant relied on the two "App Science" US trademarks where the "app" element is disclaimed. The Respondent argued among other things that: He registered the disputed Domain Name on November 15, 2018, for the purpose of starting a software consulting ...
As we get closer to the ICA Annual Member Meeting, our excitement is growing! We're thrilled to see so many of our members already registered and eager to participate in what promises to be a fantastic event. This meeting is more than just a gathering; its an opportunity for us to come together as a community, share insights, and help ... Read Mor...
The next ICA AMA with Alan Shiflett from GoDaddy is happening tomorrow, Friday, August 16th, at 1:30 PM Eastern. All ICA memebers are welcome to attend. Alan Shiflett brings a wealth of experience from his 15-year journey at GoDaddy, where hes been dedicated to serving Domain Investor clients. Most recently, Alan led the Sales and Support Teams for...
Are Made-Up Word Registrations Defensible By Respondents? The issue of investing in brandable domain names is a difficult one. As the Panel pointed out, medaxis is not a generic word or term, and has the appearance of a trademark rather than that of a dictionary word or phrase. Does that mean that it is off limits for a domain name ... Read More T...
Challenging UDRP Awards in an ACPA Action (Special Guest Article Series) CHALLENGING UDRP AWARDS IN AN ACPA ACTION: SOME PRELIMINARY OBSERVATIONS It would be most unusual were there never any errors in deciding UDRP disputes. Ill address these issues of error and appeal over several articles beginning here with some preliminary observations. Commen...
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). His new book, Clash of Trademarks and Domain Names on the Internetis now available. He also has an upcoming book on the ACPA. CHALLENGING UDRP AWARDS IN AN ACPA ACTION:...
NEW: Introducing UDRP Perspectives! A new resource for panelists and practitioners prepared by UDRP Panelists and Practitioners, Igor Motsnyi and Zak Muscovitch who also serves as General Counsel to the ICA. From the Introduction to UDRP Perspectives (located at www.UDRPPerspectives.org): UDRP Perspectives.org is where you can come to find a curate...
Recording Now Available from the Inaugural Levine Lecture by Tony Willoughby: We were honored to have Tony Willoughby deliver the inaugural Levine Lecture. His insights and unique perspectives on the UDRP made for a compelling talk.We are pleased to announce that the lecture is now available online for you to watch at your convenience. Here is the ...
We are excited to share that the recording of the inaugural Levine Lecture is now available online for you to watch at your convenience. Whether you were able to join us live or not, you can now revisit this insightful event. The lecture was a great success, with nearly 80 attendees reflecting the high interest in the topic. We were ... Read More ...
Panel: Complainants Representatives Likely Knew Case Bound to Fail To the Panels credit, the dismissal and finding of RDNH was of course entirely justified as a result of the domain name registration preceding the Complainants trademark rights by 16 years. But why did the Respondent have to deal with a case this meritless? Yes, meritless cases are ...
We're thrilled to invite you to an exclusive ICA AMA with Matt Barrie, CEO of Escrow.comand Freelancer.com. The AMA will take place on Monday July 22nd 8 pm NYC time/Tuesday July 23rd 10 am Sydney time.Matt is a seasoned entrepreneur and technology expert, leading Escrow.com and Freelancer.com. Escrow.com recently re-joined the ICA, and we are thri...
We are excited to announce that tickets for the ICA Annual Member Meeting 2025 are now available for purchase at the Early Bird Rate of $399! Buy your tickets now as the Early Bird Rate ends on July 31st. This year we have negotiated special rates at both the Hilton and the Conrad. Take your pick of hotel and benefit ... Read More The post Get you...
Retroactive Bad Faith is Unquestionably Long Dead It is somewhat surprising to see the discarded and discredited concept of Retroactive Bad Faith try to come back from the dead as it did in this case. Retroactive Bad Faith in unquestionably contrary to the Policy as thoroughly discussed in this article: The Rise and Fall of the UDRP Theory of Retro...
Panel: Four-letter .COMS May Be Inherently Valuable It is notable that the Panelist rightly recognized the inherent value of four-letter .com domain names. Time and time again, UDRP Panels have ruled in favor of respondents when it comes to domain names corresponding to three-letter domain names, including by domain name investors. As explained in ...
Kate is CEO and Founder of Defining.com (formerly Buckley Media), the worlds first agency combining Premium Domain ServicesSales, Acquisitions, Corporate Domain Services, with a full suite of top tier Branding & Growth Services. In the domain industry since 1998, Kates a regular speaker and panelist on domains and branding, including keynoting ...
Three-Letter .COM Registered in 1993, But No RDNH DNW .COM wrote about this case in its article. GSF.com cybersquatting dispute should have been reverse domain name hijacking. I understand the frustration expressed by DNW.com in criticizing the absence of an RDNH finding; But despite this innocent domain owner having to hire a lawyer to defend agai...
We are excited to announce the dates for our 4th Annual ICA Member Meeting. Mark your calendars for January 26th to 28th, 2025, at Resorts World in Las Vegas! The meeting is open to all current ICA Members and anyone who joins the ICA before the meeting date. Its an amazing opportunity to reconnect with our wonderful community and key ... Read Mor...
How to Lose a UDRP Case By Steven M. Levy, Esq. After more than two decades, over one hundred thousand published decisions, and the numerous secondary sources that are available to guide parties, there are now many resources available to prevent the filing of deficient UDRP pleadings. Plus, brand owners only get one bite at using this expedited dis...
How to Lose a UDRP Case By Steven M. Levy, Esq. After more than two decades, over one hundred thousand published decisions, and the numerous secondary sources that are available to guide parties, there are now many resources available to prevent the filing of deficient UDRP pleadings. Plus, brand owners only get one bite at using this expedited dis...
Drawing an Inference of Bad Faith from An Asking Price The Converse .co dispute is directly on the fault line created by the different perspectives of a domain investor and a brand owner as to what is, or is not, permissible under the UDRP. It would make a great moot UDRP session, in the model of the one on redball.com ... Read More The post Drawi...
We just wrapped up another successful NamesCon and wanted to share the highlights with you. We greatly appreciate all our members who took the time to meet with us, attended our UDRP panel, and joined us for our 9th Annual Dinner. Your involvement and support make these events truly special. Highlights from NamesCon 2024 Broker Breakfast: Thank you...
We are thrilled to announce that Radix has joined the Internet Commerce Association (ICA) at the Bronze Plus level. Radix manages over 9 million domains, and operates several leading extensions like .ONLINE, .STORE, and .TECH Radix's premium domain portfolio has generated over $43 million in retail revenue till date. Karn Jajoo and Soham Gidwani ar...
We are excited to announce that NameSilo, a leading domain name registrar and web hosting company, has joined the Internet Commerce Association (ICA) as a Silver member. NameSilo prides itself on providing low everyday domain prices, in addition to hosting, website builder, SSL, premium DNS, email, and a world-class support team! By joining ICA, Na...
Supplemental Registration Fails This case demonstrates how the particular facts matter, especially when scrutinized by a Panel. If the Complainant had a registered trademark for LEGALNOW in connection with legal services, had prominently used the mark on its website, and had provided evidence that it was very well known, the outcome would have been...
Munir Badr, founder of Domain Days & CEO of AEserver, is a respected leader revolutionizing the UAE's Digital Landscape. Name: Munir Badr Company: Domain Days Dubai & AEserver Favorite Domain: domaindays.com Favorite Industry Conference: Doman Days Dubai Favorite Industry Blog(s): DNJournal Tell us a little bit about your back...
Whats Going on with the Passive Holding Doctrine? The Fairmont. Group dispute is more complex and nuanced than it first appears. It raises four questions about how the UDRP is applied. Is the passive holding doctrine firmly rooted in the language of the UDRP? In a no-response dispute, how is the balance of probabilities determined for the allegatio...
Fairmont .group Whats Going on with the Passive Holding Doctrine? Fairmont Hotel Management L.P. v. Yali, WIPO Case No. D2024-1292 Comment by ICA Director and Domain Name Investor, Nat Cohen: The Fairmont. Group dispute is more complex and nuanced than it first appears. It raises four questions about how the UDRP is applied. Is the passive holding...
We are delighted to announce that Escrow.com is rejoining the Internet Commerce Association as a Gold member! As a leading provider of secure transaction services for domain name transfers, Escrow.com plays a crucial role in the domain name industry, ensuring safe and reliable exchanges for domains. Many of our members already utilize Escrow.com's ...
Congratulations to ICA Board Member, Paul Nicks, on his new role as VP of Domain Investors. Paul's transition from his previous position is a significant step for both him and the domain investment community. This demonstrates the importance of the domain name secondary market which the ICA is dedicated to preserving and growing. As Paul stated, "D...
Join us for the inaugural Levine Lecture, part of our annual lecture series honoring 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 forthcoming The Clash of Trademarks and Domain Names on the Internet. We are honored to ha...
Failure to Amend Basis for Complaint Upon Revelation of Whois Details, is RDNH This case raises two particularly interesting issues. The first is whether a party that registers a domain name in good faith pursuant to an intellectual property rights policy can later be found to have registered the domain name in bad faith. The second particularly in...
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