What’s Going on with the Passive Holding Doctrine? The Fairmont. Group dispute is more complex and nuanced than it first appears. It raises four questions about how the UDRP is applied. Is the passive holding doctrine firmly rooted in the language of the UDRP? In a no-response dispute, how is the balance of probabilities determined for the allegation that there …
Fairmont .group dispute is more complex and nuanced – by Nat Cohen
Fairmont .group – What’s Going on with the Passive Holding Doctrine? Fairmont Hotel Management L.P. v. Yali, WIPO Case No. D2024-1292 Comment by ICA Director and Domain Name Investor, Nat Cohen: The Fairmont. Group dispute is more complex and nuanced than it first appears. It raises four questions about how the UDRP is applied. Is the passive holding doctrine firmly …
Escrow.com is rejoining the Internet Commerce Association as a Gold member!
We are delighted to announce that Escrow.com is rejoining the Internet Commerce Association as a Gold member! As a leading provider of secure transaction services for domain name transfers, Escrow.com plays a crucial role in the domain name industry, ensuring safe and reliable exchanges for domains. Many of our members already utilize Escrow.com’s services, and their decision to rejoin the …
ICA Board Member, Paul Nicks Moves to New Role at GoDaddy Focusing on Domain Name Investors
Congratulations to ICA Board Member, Paul Nicks, on his new role as VP of Domain Investors. Paul’s transition from his previous position is a significant step for both him and the domain investment community. This demonstrates the importance of the domain name secondary market which the ICA is dedicated to preserving and growing. As Paul stated, “During my time as …
The Inaugural Levine Lecture by Tony Willoughby
Join us for the inaugural Levine Lecture, part of our annual lecture series honoring Gerald Levine, recipient of the ICA Lifetime Achievement Award for his significant scholarly contributions to the UDRP. Gerry is the author of “Domain Name Arbitration” and the forthcoming “The Clash of Trademarks and Domain Names on the Internet.” We are honored to have Tony Willoughby, an expert …
Failure to Amend Basis for Complaint Upon Revelation of Whois Details, is RDNH – vol 4.20
Failure to Amend Basis for Complaint Upon Revelation of Whois Details, is RDNH This case raises two particularly interesting issues. The first is whether a party that registers a domain name in good faith pursuant to an intellectual property rights policy can later be found to have registered the domain name in bad faith. The second particularly interesting issue that …
Panel: “Textbook Example of When RDNH is Warranted” – vol. 4.19
Panel: “Textbook Example of When RDNH is Warranted” If you were the Panelist and if this case had been undefended, would you have checked the USPTO database yourself to ensure the veracity of the Complainant’s certified claim of having a registered trademark? Would you have closely examined the Complainant’s trademark registration to ascertain if it was on the Principal or …
Food for Thought: 26-Year-Old Domain Name Transferred – vol. 4.18
Food for Thought: 26-Year-Old Domain Name Transferred Mere Possibility of Infringement Is Not Bad Faith… with the caveat that we are not privy to all of the information contained within the complaint, the FoodClub.com UDRP decision raises some important issues which in my opinion, should have led to a different decision… continue reading. We hope you will enjoy this edition …
SMARTCONTRACTS .COM Confusingly Similar to SMARTCON? – vol 4.17
SMARTCONTRACTS .COM Confusingly Similar to SMARTCON? The Respondent is identified as “Expiry Assignment Service / Afternic, LLC – On Behalf of Domain Owner”. Afternic is GoDaddy’s aftermarket and auction business unit. This profile indicates that the disputed Domain Name’s registration expired, and it is in the post-expiration auction pipeline. According to GoDaddy, an expired domain name is removed from the …
Member Profile: Dennis Tinerino
Dennis is a domain investor who enjoys emerging trends and the latest in tech. He is passionate about learning and sharing his knowledge and insights with the domain community. Name: Dennis Tinerino Company: Domain Smoke Favorite Domain: It’s always the last one I sold Favorite Industry Conference: NamesCon Favorite Industry Blog(s): With so many great blogs out that I’ve learned from, it’s hard …