Protecting Domain Investors & The Domain Name Industry
We are excited to introduce the ICA 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 roots over the past twenty years. This award …
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 respondent’s 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 company in Texas; He …
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; it’s an opportunity for us to come together as a community, share insights, and help …
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 he’s been dedicated to serving Domain Investor clients. Most recently, Alan led the Sales and Support Teams for Afternic, Domain …
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 …
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. I’ll address these issues of error and “appeal” over several articles beginning here with some preliminary observations. Commentators have flagged a good number of errors …
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 Internet is now available. He also has an upcoming book with David Weslow on the ACPA. CHALLENGING UDRP AWARDS IN AN …
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 curated collection of up-to-date case law and commentaries on the …
