Blog results - found 168
A new report from the EU Intellectual Property Office has revealed that the phenomenon of e-shops marketing infringing goods via previously used brand-related domain names as observed in Denmark is also occurring in Sweden, Germany, the United Kingdom and Spain. Worryingly, the study claims that it is occurring to a higher degree than expected.
The Internet Corporation for Assigned Names and Numbers (ICANN) has come under fire for excluding the full community in its exploration of the General Data Protection Regulation’s impact on the WHOIS system. ICANN stated that the regulation could affect its ability to maintain a single global WHOIS system, and this week two generic top-level domains withdrew public access to registrant information. Trademark counsel should follow the issue closely, as it could lead to the end of WHOIS in its current form and the ability to identify easily (and cost-effectively) the owners of infringing domains. Whatever the outcome, policing activities are set to harden.
Kodi calls out “trademark trolls”, UAE fakes clampdown, pressure builds in Havana Club dispute: news round-up
Every Tuesday and Friday World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In this edition, we look at the upswing in China's overseas IP revenues, the latest in the long-running Havana Club dispute, the US politicians calling on the Internet Corporation for Assigned Names and Numbers to introduce tighter generic top-level domain regulations and a software company's angry response to so-called 'trademark trolls'.
Mystery over fake TMview site owned by Gleissner; source suggests tycoon may seek license fee from EUIPO
A website owned by a company related to notorious trademark filer Michael Gleissner has been found imitating the EU Intellectual Property Office’s search platform TMview. The site has been described as a “phishing page” by one attorney, but an insider source tells World Trademark Review it is more likely that the entertainment tycoon is looking to sell or license the domain to the EUIPO.
The Electronic Frontier Foundation (EFF) and Public Knowledge have published a report advising domain name registrants that, in a bid to “minimise exposure to trademark bullying”, they should avoid registering domains in the new gTLD environment. While counsel may object to the ‘bullying’ label being extended to legitimate enforcement efforts, the report could have a positive payback for policing strategies.
MarkMonitor severs relationship with ‘.feedback’ TLD, calls for ICANN to review policies enabling “retaliatory conduct”
MarkMonitor has confirmed the termination of all accreditation agreements for the ‘.feedback’ top-level domain, following fallout from a public interest commitment dispute resolution procedure complaint filed by the company and a coalition of brands. The director of domain management at MarkMonitor has further called on ICANN to review how policies permit registry operators to engage in retaliatory conduct against those who raise legitimate compliance complaints.
As mysterious Gleissner trademark portfolio grows, insider denies “far-fetched” claim of link to domain acquisitions
Over six months after our original reporting into the vast trademark and domain portfolio of entertainment magnate Michael Gleissner, his attorneys are continuing their prolific filing activity. While industry experts speculate that the mysterious filings could be linked to acquiring lucrative domain names, a source related to one of Gleissner’s companies tells World Trademark Review that this claim is “far-fetched” and “gross” and reveals an unusual business strategy involving the ‘farming’ of brands.
Chinese entities now own almost half of all new generic top-level domain (gTLD) registrations, with nine of the top 10 new gTLD registrants associated with the country, according to recent reports. With another tranche of gTLDs just approved for sale by the Chinese government, many brand owners will be concerned about what this all means for their trademark protection strategies.
‘.feedback’ fires salvo over PICDRP complaint; threatens to “de-accredit” MarkMonitor as a registrar
Three weeks after being found in breach of its ICANN compliance obligations as a result of a public interest commitment dispute resolution procedure (PICDRP) complaint, Jay Westerdal, CEO of ‘.feedback’, has fired back at MarkMonitor, one of the parties to the PICDRP. In a letter obtained by World Trademark Review, he alleges that the PICDRP disclosed confidential information and gives MarkMonitor 30 days to cure that breach or face being de-accredited as a registrar for the string.
‘.feedback’ hit with breach notification after brand complaints; ICANN urged to take stronger stance (updated)
ICANN has informed the operator of the ‘.feedback’ TLD that it is in breach of its registry agreement, the first instance a registry has been found in breach of its ICANN compliance obligations as a result of a public interest commitment dispute resolution procedure (PICDRP) complaint. However, while characterising the move as “positive”, one of the parties to the complaint has criticised the scope of the panel’s review and hit out at ICANN for not taking stronger action.
Uniform Domain Name Dispute Resolution Policy (UDRP) case filings at WIPO have busted through the 3,000 barrier for the first time, with Philip Morris, AB Electrolux, Hugo Boss, Lego and Michelin revealed as the top complainants.
The original deadline for INTA’s survey on the impact of new gTLDs on brand owners has been extended, with corporate members now having until Friday February 28 to submit their responses. The study is designed to provide empirical data on the real-world cost of the new gTLD programme on trademark protection and policing activities.
The Coalition Against Domain Name Abuse (CADNA) the lobby group that was at the forefront of advocating for trademark owner interests in the run up to the new gTLDs programme is again pushing for amendments to US anti-cybersquatting laws in light of the country’s new Republican-dominated government.
In the largest URS decision to date, the National Arbitration Forum has suspended 474 domains using marks owned by Ashley Furniture Industries. The decision comes at a time when the URS, alongside other rights protection mechanisms, is under review, with brand owners being urged to act now to shape the online enforcement environment of tomorrow.
Brand owners are losing the battle against typosquatters; study highlights tactics that could be effective
New research has found that typosquatters are becoming increasingly adept at securing the most valuable brand-related domains, with the authors suggesting that many brands “do not know which domains they should target for reclaim”.
There have been growing calls in recent weeks for Facebook and Google to tackle content published by fake news websites. This follows accusations that both provided a platform for the sharing and promotion of misinformation during the recent US election. What is being less discussed is the responsibility that major media companies have to stop such sites specifically those that use the branding of popular news outlets as a way to add legitimacy to their hoax articles.
Following an investigation by World Trademark Review, leading crowdfunding platform Kickstarter has been labelled “a treasure trove of product designs for would-be counterfeiters and copycats” by a brand protection expert. The investigation found that countless popular crowdfunding projects are being copied and sold on major online marketplaces often before the legitimate product is available to buy.
New research from The Coalition Against Domain Name Abuse has revealed the extent of identity squatting targeting this year’s presidential election candidates, as well as members of the US Congress and Senate.
With India registering domains at a leading rate, counsel should reconsider their trademark strategies
There is plenty of evidence pointing to China’s growing role in the ownership and management of web domains, including in the context of new generic top-level domains. But recent analysis suggests that India is also upping its game when it comes to claiming online real estate and trademark strategies will have to take this into account.
Brands unleash scathing review of ‘.feedback’ top-level domain; seek investigation against registry (updated)
A collective of brands filed a public interest commitment dispute resolution procedure (PICDRP) complaint with ICANN this week, seeking a review into an allegedly “escalating pattern of discriminatory, fraudulent and deceptive registry misconduct” by the operators of the ‘.feedback’ gTLD. The move marks an escalation of the long-standing tensions between trademark owners and the registry.
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