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22 November 2018

Warning: UDRP proceedings are not a "Plan B"

In a recent decision under the UDRP, a panel has refused to order the transfer of a domain name that exactly matched the complainant's mark and made a finding of reverse domain name hijacking, stating that the proceedings constituted the complainant’s "Plan B".

21 November 2018

Court of Appeal provides guidance on targeting and unfair advantage in appeal by Argos Ltd

In Argos Ltd v Argos Systems Inc, the Court of Appeal of England and Wales has appeared to take a broad view of when a website targets the United Kingdom. However, this was tempered somewhat by the court's findings in respect of unfair advantage.

19 November 2018

Netflix tops simplicity ranking as ease of use identified as driver of brand value  

New research has named Netflix as the world's ‘simplest’ brand, with the company leapfrogging Aldi, Google and Lidl to take top spot.

16 November 2018

Flying dog flew away – UDRP panel denies domain name transfer and makes RDNH finding

In a recent decision under the Uniform Domain Name Dispute Resolution Policy, a panel has denied the transfer of a domain name and made a finding of reverse domain name hijacking due to the complainant's intentional misrepresentations.

14 November 2018

Corsearch purchases Yellow Brand Protection in latest trademark services sector acquisition

Corsearch has acquired Yellow Brand Protection for an undisclosed sum, WTR can exclusively reveal. The deal results in new online anti-counterfeiting and brand protection services falling under the Corsearch umbrella.

13 November 2018

UDRP proceedings: non-response does not mean transfer

A UDRP panel has refused to order the transfer of a domain name that partly incorporated the complainant's mark because the complainant failed to prove that the respondent had registered or used the domain name in bad faith - even though the latter did not respond.

08 November 2018

“The role of brand protection is expanding” – technology and security risks causing strategies to evolve

A new study highlights the growing need for brand protection practitioners to work more closely with IT and security departments.

31 October 2018

Settlement privilege and domain name arbitrations: the case of ‘potterybarnbaby.ca’

A recent decision under Canada’s Domain Name Dispute Resolution Policy shows that deeming correspondence “without prejudice” may impact a complainant’s ability to prove the registrant’s bad faith and could ultimately decide the outcome of the dispute.

29 October 2018

Amazon TLD moves forward but work remains before ‘.amazon’ becomes a reality

The ICANN board has decided that Amazon’s application for the ‘.amazon’ TLD should be moved from the ‘will not proceed’ designation, paving the way for future delegation of a string that has been in limbo for five years. 

26 October 2018

A perfect match? How marketing and legal can create a productive partnership

The historical ‘us versus them’ mentality between marketing and legal departments is not an inevitability – with the right approach, the relationship can be productive and mutually beneficial.

22 October 2018

“A problem for any company that operates in the US”: rise in trademark hijacking predicted after USPTO targeted

The USPTO is warning users of attempts to corrupt the US trademark register in an effort to game third-party brand registries. One legal expert tells WTR that the USPTO must urgently review its system security.

15 October 2018

UDRP complainants beware: personal names must be trademarks to benefit from UDRP

A recent decision involving the domain name ‘marypfaffko.com’ highlights that the UDRP was simply intended to provide relief to trademark holders, not to address matters such as defamation or other torts.

12 October 2018

China's Supreme People's Court releases regulations on Internet Courts – key points highlighted

China's Supreme People's Court has promulgated regulations clarifying the jurisdiction of the Beijing, Guangzhou and Hangzhou Internet Courts, as well as various procedural matters pertinent to the adjudication of cases by these courts.

11 October 2018

Beating head against the wall - UDRP panel finds reverse domain name hijacking of ‘deskwall.com’

In a recent decision under the UDRP, a WIPO panel has made a finding of reverse domain name hijacking, finding that the complainant's claim was artificial and untethered to facts or the plain wording of the UDRP.

05 October 2018

Seven "dirty words" now acceptable in ‘.us’

The registry operator of the ‘.us’ domain name and the National Telecommunications and Information Administration have lifted a prohibition on the so-called "seven dirty words" in '.us' domain name registrations.