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22 July 2019

‘Love and green’ at the limits of legitimate domain name speculation

A recent decision under the UDRP highlights the tension between speculating in domain names composed of descriptive terms for their perceived inherent value, and the interests of trademark holders who hold trademark rights in such terms.

19 July 2019

“Juul be sorry”: failure to assign domain name results in contempt of court

The decision of the High Court of England and Wales in Juul Labs Inc v Quickjuul Ltd provides a rare example of a civil court imposing penal sanctions for contempt of court.

16 July 2019

Court of Appeal partially overturns High Court in advertising passing-off case

A recent decision of the Court of Appeal of England and Wales highlights that the One in a Million case does not provide a remedy against cybersquatting per se: claimants must still demonstrate goodwill or reputation in the mark contained in the domain name.

15 July 2019

Privacy problems: brand owners should use caution when using privacy service to register domain name

A recent UDRP decision involving the domain name ‘absainsurance.com’ underlines the fact that brand owners should avoid using a privacy service to register domain names unless there are sound business reasons for doing so.

10 July 2019

Amazon expands Transparency scheme as spotlight falls on anti-counterfeiting efforts

Amazon announces expansion of Transparency, its product serialisation service that “prevents counterfeits at scale”. It comes after a US court decision which considered Amazon as the “seller” in a third-party marketplace transaction.

10 July 2019

Highest court ends judicial dispute involving Saône-et-Loire department

The Cour de Cassation – the highest French court – has confirmed the Versailles Court of Appeal decision ordering the transfer of three domain names infringing the trademark of the French department of Saône-et-Loire.  

05 July 2019

Pelispedia case: illegal film and series sites deactivated in Uruguay

A recent case involving popular streaming site Pelispedia shows that the Uruguayan authorities are committed to fighting transnational crimes against IP rights.  

03 July 2019

Speculating in intrinsically valuable domain names represents a legitimate business interest in itself

In a recent decision under the UDRP, a three-member panel has refused to transfer the domain name ‘incanto.com’ to Incanto Fashion Group and entered a finding of reverse domain name hijacking.

01 July 2019

<em>Game of Thrones</em> and collegial respect: In-House Leader of the Year Judy McCool reveals what makes her tick

In an exclusive interview, Judy McCool – senior vice president, legal affairs at Home Box Office – reveals why sharing expertise, empowering others and embracing change are the cornerstones of effective leadership.

28 June 2019

Inside Facebook’s trademark portfolio as company reacts to criticism and boosts value

The tech giant has managed to withstand the negative impact of criticism over its handling of users’ data and policing of content. The future, though, will bring new challenges.

27 June 2019

Amazon and Nite Ize team up to fight fakes; filing offers glimpse into anti-counterfeiting efforts

Amazon, in collaboration with Denver-based company Nite Ize, has filed a lawsuit against counterfeit product importers and sellers operating in the United States, Canada and China. The lawsuit offers some behind-the-scenes insight into Amazon’s efforts to tackle fake goods on its platforms.

27 June 2019

Build bridges, tell the truth: <em>WTR</em> Lifetime Achievement winner on the key to enforcement success

The eminent Jack Chang sits down with WTR to give an insight into his varied career. From establishing the China Anti-counterfeiting Coalition and the Quality Brands Protection Committee to being personally thanked by Vice Premier Madam Wu Yi for his work, Chang has significantly altered the trademark landscape in China.

26 June 2019

UDRP complainants: beware of disclaimers

A UDRP panel has denied the transfer of a domain name because the complainant was unable to prove that the respondent had no rights and legitimate interests in the domain name - even though the panel had grave reservations about the respondent’s explanation for its motivations.  

26 June 2019

Brands warned of counterfeit apps on Google Play; academic finds trademark protection of little help

A major new study has discovered nearly 50,000 potentially copycat apps on the Google Play store, with 2,000 deemed high-risk. However, the academic behind the study tells WTR that trademark protection is of limited help to combat such a widespread issue.

21 June 2019

ICANN planning yearly gTLD application windows as second round preparation steps up

ICANN has released a high-level discussion document which lays out plans for the next round of new gTLD applications. In it, the organisation currently envisions a second round followed by annual two-to-three month application opportunities.