Protecting Domain Investors & The Domain Name Industry
We are thrilled to invite you to the 9th Annual ICA Dinner at NamesCon, an evening filled with delicious food, drinks, and exceptional networking opportunities with industry leaders. ICA Members can purchase their tickets starting today, and the sales will be open to everyone starting next Friday, April 26th. If you’re not a member, but are considering joining, we’d love …
Six Times Unlucky: Spanish Government Agency Fails Again to “Protect” Alhambra Monument What this case ultimately came down to, was the Complainant’s conflation of the reputation of the monument itself, with the Complainant’s trademark. As the Panel observed, “there is nothing before the Panel that suggests that the Complainant would be entitled to conflate such notoriety and goodwill as it …
THE ROLES OF CERTAINTY AND DOUBT IN UDRP DISPUTES There are two invariables in UDRP proceedings: the first is that 95% of all cybersquatting disputes result in cancelling registrations or transferring disputed domain names to complainants’ accounts; and the second is that respondents in this group rarely respond because the claims are indefensible; and when they do respond (speaking only …
Law Firm Whose Client Escaped RDNH Last Time, Not as Lucky This Time Readers may recall the PitStop case from Digest Vol. 4.12 last month. In commenting upon the decision, I questioned whether the Panel was justified in declining to find RDNH. In that case, I pointed out that the Complainant, represented by a Brazilian law firm, proceeded headlong despite …
Brian Harbin – Founder & Broker @ GritBrokerage.com: “Using our passion and perseverance to serve our clients.” Name: Brian Harbin Company: Grit Brokerage Favorite Domain: Grit.org Favorite Industry Conference: ICA of course! Tell us a little bit about your background and your personal story, how did you get involved in the domain industry? As an 18-year-old college student, I took …
Panel: Privacy Services are a Standard Feature of Contemporary Domain Name Registrations This case should finally put to rest the “Whois Privacy is evidence of bad faith” argument which continues to raised by both counsel and Panelists despite it being a relic from days gone by. As noted by the Panel, Whois privacy is a standard feature these days, either …
Todd is a branding executive with over 30+ years of leadership experience. Having experienced every aspect of launching and growing a brand—from M&A to IPOs and start-ups, he is passionate about telling the best story possible about the brands he serves, and knows firsthand the critical difference the right domain makes. Name: Todd Henderson Company: Defining.com Favorite Domain: Defining.com Favorite Industry …
Complainant’s ‘Sincere Belief’ Runs Contrary to Policy But Saves it from RDNH The denial of RDNH in this case, is frankly difficult to comprehend. On the facts as presented in the decision, this indeed seems to be amongst the very clearest of RDNH cases. First, the Respondent had an overt and clearly legitimate interest in the Domain Name… continue reading …
Zak Muscovitch comments on the issue of common law rights raised in the decision on <lifefenefits .com> Securian Financial Group, Inc. v. Carolina Rodrigues / Fundacion Comercio Electronico, NAF Claim Number: FA2204001991732, (UDRP Digest Vol 2.21) In this case, the Panel accepted the Complainant’s contention that the Complainant enjoyed common law trademark rights in the term, LIFEBENEFITS. Interestingly, from the …
By Mr. Gerald M. Levine The commentaries in the Weekly Digest give a good account of the panelists’ reasoning for their decisions but I thought it would also be instructive to discuss the decisions from two other perspectives. The first is the evidentiary demands of the UDRP and the second is the accumulated wisdom of authoritative decisions which cumulatively constitute …
