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 Levine’s 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 Way International Inc. v. Diamond …
First Domain Registered Before Complainant Rights, Second One After – vol. 4.52
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 Respondent could not have registered a domain name in bad faith before a Complainant acquired rights in the …
2024 – A Year in Review
As we close out another incredible year, we’re 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 celebrated achievements with …
Panel Finds it is an Abuse of the UDRP to Assert a Trademark Infringement Claim – vol. 4.51
The Case of Ekart.com and UDRP Disputes by Indian Companies – Ankur Raheja 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 domain dispute proceedings, the panel must determine whether the term is a unique, coined phrase associated exclusively with …
My Year-End UDRP Roundup
My Year-End UDRP Roundup by John Berryhill, a Prominent UDRP Lawyer, has successfully handled hundreds of contested UDRP cases since the beginning of UDRP. (Originally published at NamePros.com on November 25, 2024) 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 …
The Case of Ekart.com and UDRP Disputes by Indian Companies
The Case of Ekart.com and UDRP Disputes by Indian Companies by Ankur Raheja MCA FCS LLB, a 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 domain dispute proceedings, the panel …
D3 and Dominion Join the Sponsors of the 2025 ICA Annual Member Meeting!
We’re excited to welcome D3 to our growing lineup of sponsors for the upcoming ICA Member Meeting! As an ICA member and industry pioneer, D3 is committed to building on the foundation of the domain industry and supporting new opportunities for registries, registrars, and domain investors. Fred Hsu (CEO & Co-Founder of D3), Susan Lawrence and Kevin Kreuser will be joining us in Las Vegas for our …
Trademark Infringement and the UDRP – vol. 4.50
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. For that …
ICA End-of-the-Year Social Call
This month, we’re switching things up! Instead of our usual AMA, we’re 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 that’s top of mind. We’re keeping the vibe light and lively, and there may even be some surprise games to keep …
Panel: Complainant’s Certification “Could Not Properly Have Been Given” – vol. 4.49
Panel: Complainant’s 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 years prior …