About the Author: Nat Cohen is an accomplished domain name investor, UDRP expert, proprietor of UDRP.tools and RDNH.com, and a long-time Director of the ICA. Are PPC Ads on a Registrar Supplied Default Landing Page Evidence of the Respondent’s Bad Faith? The question of who is responsible for the content appearing on registrar default landing pages has troubled UDRP panels ever since registrars began offering such …
Caribou.com, Lumos.com, PerfectRecall.com and more interesting domain names cases! ICA UDRP Digest – Vol 1.18
Welcome to this week’s UDRP Digest (vol. 1.18), summarizing the most intriguing cases of the past week. Read about: ‣ A Respondent in a Different Jurisdiction Cannot Be Expected to Have a Constructive Notice of Trademark (caribou .com) ‣ A Term Can Be “Generic and Common” Despite not Appearing in an English Dictionary (lumos .com) ‣ Competitor Who Tries to …
ICA Releases Annotated Domain Name Purchase Agreement
Do you know what belongs in a purchase agreement? What rights are you selling? What liabilities are you assuming? How will disputes be resolved? Are you acquiring full rights to the domain name you are purchasing? All these are questions that should be addressed in a domain name purchase agreement. The ICA worked with some of the top domain name …
How Does the Booking.com Decision Affect My Generic Domain Names?
In an 8-1 decision, the Supreme Court of the United States agreed with the Internet Commerce Association’s position that under certain conditions, a generic .com domain name can obtain a trademark registration, albeit a very weak one, overruling the position advanced by the U.S. Patent and Trademark Office (USPTO). The USPTO had taken the position that no matter what, a …
INTERNET COMMERCE ASSOCIATION FILES SUPREME COURT BRIEF
Should generic .com domain names never be entitled to trademark protection? When a domain name like booking.com is identified as a brand by the public, should it still be denied trademark protection as a matter of law? The ICA takes a position on this difficult question in an amicus brief submitted to the U.S. Supreme Court of the United States …
Responsible and Prudent UDRP Panels Decline to Draw Conclusions in the Absence of Clear and Sufficient Evidence
In the recent case concerning Chatroulette.org , the Panel demonstrated the responsible and prudent approach in evaluating evidence in the UDRP. The Panel stated as follows: “The Panel takes the view that the Respondent’s denial of knowledge of the existence of the Complainant and his trade mark at that date is credible enough to require more from the Complainant to …
Surge in RDNH cases a legacy of the theory of Retroactive Bad Faith
What do these Uniform Domain-Name Dispute-Resolution Policy (UDRP) filings have in common? — Dreamlines GmbH, a German cruise promoter, files a UDRP dispute on dreamlines.com, a domain registered 10 years before that company was formed. They do not allege any infringing use. Cognate Nutritionals, Inc., a Connecticut beverage company, which sells a coconut oil brain supplement under the brand “Fuel …
UDRP: Better Late than Never – ICA Applauds WIPO for Removing Misguided ‘Retroactive Bad Faith’
The Internet Commerce Association (ICA), a non-profit trade group representing the domain industry, applauds the World Intellectual Property Organization (WIPO) for removing misleading guidance from the newly released updated version 3.0 of its Overview of WIPO Panel Views on Selected UDRP Questions that in the previous version had granted undeserved legitimacy to a misconstruction of the UDRP commonly known as …
The Rise and Fall of the UDRP Theory of ‘Retroactive Bad Faith’
Since its establishment in 1999, the Uniform Domain Name Dispute Resolution Policy has required complainants to prove inter alia, “bad faith registration”. In practice, this has meant that where a domain name was registered before a trademark came into existence, that “bad faith registration” would be considered chronologically impossible.
Initial Statement of the Internet Commerce Association Regarding the Camilla.Com UDRP Decision
Washington, DC; December 11, 2015 — The Internet Commerce Association today released the following initial statement in regard to the November 30 decision of the WIPO Administrative Panel in the case of Camilla Australia Pty Ltd v. Domain Admin, Mrs Jello, LLC (Case No. D2015-1593; http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-1593): The egregious three-member panel decision in this Uniform Domain-Name Dispute-Resolution Policy (UDRP) dispute departs …
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