Blog results - found 130
MarkMonitor severs relationship with ‘.feedback’ TLD, calls for ICANN to review policies enabling “retaliatory conduct” (Blog)
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.
‘.feedback’ fires salvo over PICDRP complaint; threatens to “de-accredit” MarkMonitor as a registrar (Blog)
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) (Blog)
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.
A letter, co-signed by 21 law professors and practitioners, has slammed the “expansive protections recently demanded by trademark owners”, which they argue “are inconsistent with basic propositions of trademark law”. In response, leading commentators have hit back at the “misleading and inaccurate” arguments made in the letter.
Third-party advertisers bidding on trademark terms in online search results spiked by 21% across the fourth quarter of 2016, with leading brands estimated to have lost 46 million clicks across the three-month period. For key brands in the clothing and apparel sector this has been translated into approximately $300,000 in lost revenue.
Corporate and law firm professionals are being invited to participate in the ninth annual Global Trademark Benchmarking Survey, which measures the pulse of the industry, tracks industry trends and identifies how trademark practice is evolving to counter new threats and exploit new opportunities. Participation in the survey is free of charge and designed to give counsel both in-house and in private practice the opportunity to have their say on the state of the industry.
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.
Intel Security’s McAfee Labs 2017 Threats Predictions Report focuses on the cybersecurity challenges facing all organisations and is important reading for those in the IT sector. However, while not written for a trademark counsel audience, it highlights a number of issues that both mark owners and the law firms that work with them need to be alive to not least attacks that directly erode brand trust.
Brand owners are losing the battle against typosquatters; study highlights tactics that could be effective (Blog)
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”.
Next week Alibaba is to place virtual reality (VR) technology at the centre of its Singles Day sales drive, the latest in a series of high-profile uses of the technology in China. With the country’s VR industry predicted to be worth Rmb55 billion ($8.14 billion) by 2020, it makes the market one to monitor for counsel concerned over how brands may be used (for good and bad) in the virtual environment.
With IP-focused cyber-attacks on the rise, incident response plans are critical: free webinar announced (Blog)
New research suggests that IP cyber theft incidents are expected to rise over the next 12 months. Reflecting the need for law firm practitioners to implement cyber breach plans, and for in-house trademark counsel to evaluate and require the response planning of partners, we are pleased to announce a one-hour webinar designed to provide critical knowledge and guidance on this increasingly important issue.
Brands unleash scathing review of ‘.feedback’ top-level domain; seek investigation against registry (updated) (Blog)
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.
New research reveals that, after a decline across the previous two quarters, in Q3 2016 the number of third-party advertisers bidding on trademark terms on Google jumped 32%. Across the search engine landscape, such bidding resulted in 2.5 billion impressions and 38 million clicks being lost by brands.
Submissions to the Office of the US Trade Representative’s (USTR) annual request for comments to identify the online and physical markets that should be included in the 2016 Notorious Markets List has seen renewed calls for Alibaba to be relisted. However, the online giant has confirmed the filing of a rebuttal comment, telling World Trademark Review that its submission describes its steadfast efforts to fight counterfeiters online.
A recent report has highlighted the prevalence of SMiShing (SMS phishing) attacks, with a third of consumers reporting that they had received messages trying to trick them into disclosing personal information. Patrick M Flaherty, assistant general counsel, marketing, IP and digital media law and policy, at Verizon, tells World Trademark Review that text phishing is on the up, but imparts some practical pointers for brand owners seeking to combat such fraud.
This week the ‘.shop’ gTLD hit general availability, with the registry behind the string revealing that it registered almost 40,000 domains in the first 30 minutes of sales. Watchers of the expanded online space particularly trademark owners seeking to gauge the need for defensive registrations have been awaiting the launch of strings that go truly mainstream. So is the early performance of ‘.shop’ a sign that the blockbusters are now arriving?
While still in its nascent stages, the success of Pokémon GO has provided a glimpse into the potential of augmented reality (AR) and if the technology goes truly mainstream, there will be a direct impact on the work of trademark counsel. A new study from Perkins Coie and virtual reality proponent Upload takes a look at industry expectations for AR and virtual reality.
Hyperlinking decision “strikes a fair balance” but will create burden for some online businesses (Blog)
The European Court of Justice has ruled that posting a hyperlink to works protected by copyright and published without the author’s consent does not automatically constitute a ‘communication to the public’, as long as the person posting the link does not seek financial gain and acts without knowledge that those works have been published illegally.
Brand owners’ call to arms against online fakes: new edition of World Trademark Review now available (Blog)
In recent months we have reported closely on the outcry against Alibaba’s membership of the International Anti-counterfeiting Coalition, high-profile companies embroiled in public spats with marketplaces and in-fighting between platforms themselves. In the latest edition of World Trademark Review - now available online to subscribers - our cover story focuses on the rights protection mechanisms that some of the world’s biggest brands would like digital marketplaces to implement.
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