Complainants Must Establish Reputation as of Date of Domain Registration We often see Complainants making the mistake of proving their reputation as of the time of filing the Complaint, but that is inadequate. Rather, the material date is the date of registration since that is the point in time that we must evaluate whether the Complainant’s reputation was the reason …
Atom and Hilco Digital Sponsor the Closing Reception at the 2025 ICA Annual Member Meeting!
We’re excited to share that Atom and Hilco Digital Assets will co-sponsor the Closing Reception at our Annual Member Meeting in Las Vegas! Join us at Bar Zazu on the evening of Tuesday, January 28th, 2025, as we wrap up an amazing few days of fun, insight, and connection. Bar Zazu is a familiar favorite, having hosted our opening reception last year, also sponsored by Atom and Hilco. We’re …
GoDaddy Sponsors the Opening Gala at the 2025 ICA Annual Member Meeting!
We are excited to announce that GoDaddy will sponsor the Opening Reception at our Annual Member Meeting in Las Vegas! The reception will be held on the evening of Monday, January 27th, 2025, at Resorts World, following the day’s activities. Join us for an evening of food, drinks, and connection as we unwind after a productive first day. The reception will also feature the Awards Ceremony, where …
Panel Takes the “Holistic Approach” to Oki Data – vol 4.44
Panel Takes the “Holistic Approach” to Oki Data As noted in UDRP Perspectives at 2.3, although the Oki Data test has consistently been applied since 2001, it is best used as a guide and adapted as necessary by Panels. In other words, it is not enshrined in stone, but rather can be a helpful yardstick by which to measure the …
Intentionality and Trademark Infringement – vol. 4.43
Intentionality and Trademark Infringement Can a Respondent’s 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 register and use the Domain Name. The …
Policy Requires That Bad Faith Must Target ‘Complainant, Specifically’, Not Unrelated Third Parties – vol. 4.42
Policy Requires That Bad Faith Must Target ‘Complainant, Specifically’, Not Unrelated Third Parties We sometimes see Respondent’s 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 establish that the combined term, “cybernautic,” is generic or …
PREVAILING IN CONTESTED AND CLOSE CASES by Mr. Gerald M. Levine
PREVAILING IN CONTESTED AND CLOSE CASES by Mr. Gerald M. Levine (The below article has been adapted from Mr. Levine’s presentation at the CIIDRC Conference on October 18, 2024 in Vancouver, Canada) Some Reflections on the 5% of Complaints Dismissed in UDRP Proceedings My task for the next 25 minutes is to define the parameters of prevailing in contested and …
ICA General Counsel Zak Muscovitch Leads UDRP Panelist Workshop in Vancouver
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 Centre, for organizing and convening the workshop, and to Gowlings …
100 Days to the Annual Member Meeting!
The countdown is ON! In just 100 days, ICA members and friends will gather in Las Vegas for our Annual Member Meeting, and you won’t want to miss it. Mark your calendars for January 26th – 28th, because we’re bringing together everything ICA is known for – authentic connections, fun activities, and meaningful conversations – in the heart of Vegas. This year, we’re back at Resorts World for the third …
Free Speech/Criticism as Legitimate Interest – vol. 4.41
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 the commentary here. Register today for the CIIDRC’s Domain Disputes …