Protecting Domain Investors & The Domain Name Industry
We are incredibly excited to launch this brand new website dedicated exclusively to our ICA Member Meeting in Las Vegas! As our event has grown in size and scope, we realized the need to move beyond just emails to keep our attendees informed and engaged. This website is our latest step in making your experience as enriching and seamless as …
Mar-a-Lago is a Florida Man’s Pet Memorial? While the panel found that Respondent’s explanation for its registering the disputed Domain Name “strain[s] credulity”, it noted that the website content did provide at least some modicum of support. More importantly, the MAR-A-LAGO trademark registration submitted into evidence by the Complainant issued in April of 1997, one month after Respondent registered the …
The UDRP and Free Speech: Inclusion of “Warning” Sufficient to Negate Risk of Impersonation There are a number of interesting points in this decision and I would focus on the following two: The presence of “warning” in the disputed domain name and significance of qualifying terms in free speech and criticism UDRP cases; and Other circumstances the Panel found relevant …
Totality of the Circumstances Point to Fair Use by Unauthorized Reseller This case is yet another application of the nominative (fair) use doctrine under the UDRP, see par. 2.8.1 of WIPO Overview 3.0 and the “Oki Data test” (Oki Data Americas, Inc. v. ASD, Inc., WIPO Case No. D2001-0903). The Respondent offered “A320” aircraft training materials on his website and …
We are thrilled to announce the preliminary agenda for our much-anticipated ICA Member Meeting in Las Vegas! The meeting promises to be a blend of insightful discussions, networking opportunities, and unforgettable experiences. Here’s what we have lined up for you: Wednesday Evening: A Cinematic Start Our meeting kicks off on Wednesday evening with a special outing to the Brand New …
Snap! We got RDNH’d! It is satisfying to see that the Panel critically reviewed the Complainant’s 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 …
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.COM due to an “extensive …
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 time, as we …
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 Respondent’s Case (italysegwaytours .com *with commentary) ‣ Business/Contractual Dispute Outside The Scope …
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 exceptions being such brands as IBM, BMW, and …
