ICA UDRP Digests

The Internet Commerce Association invites you to join us on Wednesday, April 16 at 1 PM Eastern for a free, public Zoom webinar exploring the latest developments in the Domain Name Transfer Policy. Moderated by ICA General Counsel Zak Muscovitch, the panel will feature expert insights from Owen Smigelski (Namecheap), Roger Carney (GoDaddy), Jothan Frakes (PLISK .COM), and Theo Geurts (Realtime Register B.V.). Together, they’ll discuss recent changes, ongoing challenges,

When Responding Matters Why is it important to file a response in a UDRP dispute? Sometimes the respondent’s rights / legitimate interest may be evident even in default cases, for instance based on the disputed domain name (e.g. a dictionary term), manner of use of the domain name, the website’s content, and/or respondent’s personal information (e.g. a surname corresponding to

The ICA is hosting a free webinar this Wednesday: New gTLD Intelligence – Insights from the Experts, which will explore the current status of ICANN’s New gTLD Program and what’s on the horizon as the next round approaches. Whether you’re planning to apply, advising clients, or simply looking to stay informed, this session will offer valuable insights into the evolving gTLD

Registrant May Retain Legitimate Interest Despite Trademark Abandonment A tour de force decision in all respects, which is made even more interesting considering who the Respondent is. On Identical/Confusing Similarity, the Panel noted in particular, that the mere incorporation of a company and a printout of a homepage are insufficient to establish common law rights (See also, UDRPPerspectives.org at 1.3).

The Importance of Including Material Facts in a Decision The challenge for the reader of the LSAC .com decision is that not enough information is provided for the reader to understand why the Panel accepted the Complainant’s allegations and ordered the transfer of the disputed Domain Name from the Respondent. Perhaps the Panel had the benefit of compelling evidence and

Finding Bad Faith Despite Lack of Evidence In this case, a Domain Name that predates the Complainant’s registered trademark rights dropped and then was registered by a third-party.  It apparently was never developed as it is currently on a default GoDaddy landing page.   While there may be more evidence of bad faith use in the case file available to the

Neither Party Knew Who it Was Negotiating With In this thoroughly reasoned decision of <realsense .com>, the Panel made several important observations; 1) The parties did not negotiate directly. Rather, “the parties negotiated through an intermediary service so that neither the Respondents nor the Complainant seemingly knew with whom they were negotiating”… 2) Asking prices are just that – asking

UDRP Perspectives has been updated with new perspectives on the topics of Trademark Infringement and Reputation, written by Igor Motsnyi and Zak Muscovitch. UDRP Perspectives welcomes you to review current jurisprudence as it relates to these two important topics or on any of the 50 topics that it covers.  The goal of UDRP Perspectives is to provide guidance in the application of the UDRP through up-to-date case

Two-Letter Domain Names, the Big Game, and the UDRP, by John Berryhill As a greater Philadelphia area practitioner, it is worth mentioning that the US held its football championship yesterday (real football, not soccer or that weird thing they do in Australia). The cost of television advertising during this game averages something like US $8 million for a 30-second spot. One

Please join the CIIDRC for an informative and free session, open to all via Zoom on February 26, 2025. Sign up here! Complimentary Webinar Register Here! UDRP Perspectives has been updated with new perspectives on the topics of Trademark Infringement and Reputation, written by Igor Motsnyi and Zak Muscovitch. UDRP Perspectives welcomes you to review current jurisprudence as it relates to these two important topics or on