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...

Does the Policy Deal with a Business Dispute Between the Parties? Although the UDRP is not intended to address business disputes per se, it is not uncommon for employers to bring Complaints against former employees who are alleged to have absconded with the employers domain name which was registered in the name of the employee… (for full comm...

Smartney .co: Did the Respondent target Smartney .com, when he registered Smartney .CO? We hope you will enjoy this edition of the Digest (Vol. 3.31), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Editor, Ankur Raheja. (We invite guest commenters to contact us.) Cybersquatting on the ....

Today in UDRP History On July 18, 2002, the Ontario Superior Court of Justice issued a decision in Black v. Molson, overturning NAF Panelist Robert Merhiges Order transferring Canadian .biz to Molson. Panelist Merhige had inter alia found that since the recorded registrant, %2d%2d, didnt exist despite it being an apparent URL encoding glitch ̵...

Today, the ICA sent a letter to the National Internet Exchange of India (NIXI) in response to NIXI's request for feedback on draft amendments to the terms and conditions for registrants as proposed on their website. In its letter, the ICA urges NIXI, in the strongest possible terms, to immediately reconsider this proposed ill-advised course of acti...

We hope you will enjoy this edition of the Digest (Vol. 3.27), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch. We invite guest commenters to contact us. A Simple Matter of Logic Saves Integrity(integrity .com*with commentary) Expired Domain Name Recovery Made Easy(icemadeeasy .com*with com...

Monday, June 26, 2023, ICANN published its report of the Public Comments regarding the Proposed .Net Registry Agreement. Yesterday, the ICA responded to it with a letter to ICANNs Board of Directors, expressing its concern and dismay of what the ICA considers a Policy Wash. You can read the entire letter, here. The post ICANN's .Net Registry Agreem...

We hope you will enjoy this edition of the Digest (Vol. 3.26), as we review these noteworthy recent decisions, with commentary from Experts. We invite guest commenters to contact us. Whose Burden is it to Wake Sleeping Evidence?(sleeptopia .com*with commentary) How Stericycle, Inc. Proved Common Law Rights in Stericorp?(stericorp .com*with commen...

We are happy to announce ICA's newest Bronze member, Anthos Chrysanthou, and his dedicated team from Sav.com For those who may not know,Sav.comis a dynamic registrar focused on simplifying domain registration and management, making it more accessible for everyone. They have recently updated their logo, reinforcing their commitment to being a truste...

We hope you will enjoy this edition of the Digest (Vol. 3.25), as we review these noteworthy recent decisions, with commentary from Experts. We invite guest commenters to contact us. Respondent's Argument an "Insult to Intelligence"(savefromus .com*with commentary) Evaluating Confusing Similarity When Some Content Relates to the Complainant(xporn...

We hope you will enjoy this edition of the Digest (Vol. 3.24), as we review these noteworthy recent decisions, with commentary from our Director, Nat Cohen; General Counsel, Zak Muscovitch; and Editor, Ankur Raheja. Why Doesn't the Complainant Own its Exact Match .Com Domain Name?(rocketlab .com *with commentary from Nat Cohen and Zak Muscovitch) ...

We're thrilled to announce that the ICA Member Meeting is returning to Las Vegas next year! We'll have an opening reception on the evening of January 17th and then two full days of events and activities on January 18th and 19th. For those attending Affiliate Summit West, it's an easy transition from one event to another. We are still finalizing ......

Promotional Article by Stevan Lieberman, Managing Member of EscrowDomains, an ICA Silver Member. Top Reasons to Use Escrow for Domain sales Escrow serves as a legal arrangement whereby a third party temporarily holds onto money and /or assets until the conditions in the underlying agreement have been met. The contract is most typically a purchase a...

We hope you will enjoy this edition of the Digest (Vol. 3.16), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch. Panel Gives Complainant a Second Chance and Respondent Finally Shows Up(hclsoftware .com *with commentary) Complaint Failed to Provide Requisite Evidence of Common Law Trademark R...

We hope you will enjoy this edition of the Digest (Vol. 3.15), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch. Panel Affirms Respondents Right to Register Dictionary Word Domain, Despite Pre-existing Trademark(gaggle .com *with commentary) Covetous Complainant Attempts to Withdraw and Brin...

We hope you will enjoy this edition of the Digest (Vol. 3.14), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Special Guest, Panelist Igor Motsnyi. Panel Applies the Impersonation Test to Domain Name Used for Criticism(tibtecag .com *with commentary) Complainant Must Disclose Prior Lit...

We hope you will enjoy this edition of the Digest (Vol. 3.13), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch. Short, Brandable, Memorable Terms Permitted for Resale Even Where Corresponding Trademark Exists(Limble .com *with commentary) Panel: Complaints must be Tailored Not Constructed ...

We hope you will enjoy this edition of the Digest (Vol. 3.12), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Editor, Ankur Raheja. UDRP Brought for Third Level Domain and No RDNH?(Slots .net *with commentary) Non-Use Versus Passive Holding(CocaineBear .com *with commentary) Prior Reg...

We hope you will enjoy this edition of the Digest (Vol. 3.11), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Special Guest, Panelist Igor Motsnyi. Panel: Respondent Likely Acquired the Disputed Domain Name For its Inherent Value as a Three-letter Domain(kio .com) Panel: Complaint Was ...

We hope you will enjoy this edition of the Digest (Vol 3.10), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Editor, Ankur Raheja. Panel Finds RDNH but Makes No Finding on Rights or Legitimate Interest(LawCloud .com *with commentary) This Time, Rights and Legitimate Interest Found But ...

We hope you will enjoy this edition of the Digest (Vol 3.9), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch. Panel: Domain Name Investing Universally Accepted by UDRP (redfield .com *with Commentary) Multi-Problems with this Generic.com (multitrack .com *with Commentary) Fascinating Case ...

In Digest 2.31, I wrote about Panelist Aaron Newells decision in the TampaWaterTaxi case which resulted in the Respondent bringing the case to Federal Court (which we reported in Digest 2.48v). My concern with the decision in the TampaWaterTaxi.com dispute was that the Panelist ordered the transfer of a descriptive phrase domain name despite a dubi...

We hope you will enjoy this edition of the Digest (Vol 3.8), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Special Guest, Panelist Igor Motsnyi. Enterprising Panel Adopts Nuanced Approach to PPC Links and Rethinks Privacy Protection (enterpriseproductsllc .com *plus comment) <Altr...

We hope you will enjoy this edition of the Digest (Vol. 3.7) as we review these noteworthy recent decisions with commentary from our General Counsel, Zak Muscovitch: Serial Cybersquatter Used Fraudulent Gun Websites (wilsoncombatfirearms .com *plus comment) Complainant Loses Case on First Element (carryonnicotinepouches .com) False Whois Data Le...

We hope you will enjoy this edition of the Digest (Vol. 3.6) as we review these noteworthy recent decisions with commentary from our General Counsel, Zak Muscovitch: Did a Foxy University Instructor Turn to Crime 27 Years Later? (fox .org *plus comment) Tarnishment of Reputation Cannot be an Objection to a Criticism Site (imetpolanski .com *plus ...

Now that we've had some time to settle back at home, but the memories are still fresh, we wanted to recap and share the fantastic member meeting in Las Vegas. We received overwhelmingly positive feedback from many of you following the event, with most of you expressing that the meeting was both productive and enjoyable! ... Read More The post...

We hope you will enjoy this edition of the Digest (Vol. 3.5), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Editor Ankur Raheja: Can a Schwab Use a Schwab Domain Name for Financial Services? (schwabfinancialcare .com *plus comment) Ikea Puts Together a Strong Typosquatting Case (1kea ...

We hope you will enjoy this edition of the Digest (Vol. 3.4), as we review these noteworthy recent decisions, with commentary from our Director, Nat Cohen: Confusing Similarity Leads to Likelihood of Confusion (airsculpting .com *plus comment) Confusingly Similar Test Narrower Than Trademark Test of Likelihood of Confusion (thetravelexchange .com...

We hope you will enjoy this edition of the Digest (Vol. 3.3), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: Reputation Management Company Harms its Reputation with its Misleading Complaint (guaranteedremoval .com *plus comment) Complainant had 1949 Trademark, but the Annoyed Respondent h...

We hope you will enjoy this edition of the Digest (Vol. 3.2), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: Complainants Mere Holding of Domain Name Does Not Provide Trademark Rights (mojac .com *plus comment) ‘No Reasonable Case' That Respondent Could Have Registered Domain Name i...

The ICA is proud to announce the expansion of our Board of Directors. Starting this month, Braden Pollock is taking a board seat after his nomination received overwhelming support from ICA Members. Braden is joining the other seven directors; Jeremiah Johnson (Sedo), Nat Cohen, Daniel Law, Jay Chapman, Paul Nicks (GoDaddy), Tessa Holcomb and Adam W...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and special guest Steven M. Levy: Panel: Complainants Representatives Likely Solely Responsible for RDNH(BeautyGarde.com*plus comment) Mark Cubans Joke Results in Domain Name Transfer, Despite...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our Director Nat Cohen and Editor-in-Chief, Ankur Raheja: Swinson: Complainants Feeble Arguments Were Wrong and Abusive (matajer .net) Respondent Tarqets Complainants Mark in Phishing Scheme (tarqet .com *plus comment) A Great ...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: Panel: Not Surprising that Respondent Declined Complainants $24,000 Offer for Three-letter .com Domain Name (tox .com *plus comment) Respondent has No Rights or Legitimate Interest, but Compl...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and special guest Igor Motsnyi. Was this a Trademark and Copyright Case or Cybersquatting? (mashabearcafe .com *plus guest comment) Australian ESCUBA Trademark Owner Dives for SCUBA Domain (sc...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: Respondent Warned Complainant before UDRP Filed, but Complainant Persisted (candycloud .com *plus comment) Panelist Uses Google Search to Corroborate Complainants Claims (stylage .com *plus c...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our Director, Nat Cohen and General Counsel, Zak Muscovitch: Panelist: Respondent's Asking Price is Relevant but not Determinative (trx .com *plus comment) Complainant Brought UDRP despite Knowing about Respondents Trademarks an...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: Respondents Infringing Clover Domain Name for Payment Services Likely Targeted Complainant (cloverskypay .com *plus comment) Complainants 2(f) Registration is an Indication that the Trademark...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: Respondent Fraudulently Impersonated Australian Company(universalgiftcard .org) Complainant Obtains Domain Name from its Former Web Developer(baseballcoachtraining .com *pluscomment) Complex Co...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: kof.com (with comment by Zak Muscovitch) projectpay.com (with comment by Zak Muscovitch) floridafamilyinsurance.com (with comment by Zak Muscovitch) habi.com (with comment by Zak Muscovitch) go...

Announcing the preliminary agenda for the 2023 member meeting! The agenda is subject (and likely) to change but this will give our attendees a good indication of what to expect. Similarly to our 15th Anniversary meet-up last year, we are organizing a fun event that will focus on networking, combining sessions, member meetings, and social activities...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions: fordirect.com (includes a comment by ICA General Counsel, Zak Muscovitch) dagi.com (includes a comment by ICA General Counsel, Zak Muscovitch) guessportugalpt.com and more domain names (includes a comment by ICA General Counsel, Zak Muscovitch) thefea...

Until the end of the month, when you join the ICA, you'll receive a free ticket to the ICA Member Meeting in Las Vegas! The networking based, two and half day event will take place at the Resorts World in Las Vegas, January 22-24, 2023. So if you're not an ICA member yet, but have considered joining, now is a ... Read More The post This Week ̵...

We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions: Emprendedores.com SambaTV.com StarLinkMX.com HummingBird.com PlanPay.com YSenses.com Our EditorAnkur Raheja has added commentary as well. Enjoy! If you find this digest useful, and would like to subscribe to our FREE weekly newsletter, simply subscrib...