By: Susan Neuberger Weller The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains (“gTLDs”) on the Internet. The most popular gTLDs until now have included .com, .info, .org, and .net. With the approval… Continue Reading
Category Archives: Uniform Domain Name Dispute Resolution Policy
Subscribe to Uniform Domain Name Dispute Resolution Policy RSS FeedA Primer on Policing Your Trademark
Posted in Trademark, Uniform Domain Name Dispute Resolution PolicyWritten by: Ben Wagner Five steps to protect a marks’ value Trademark owners have a duty to police their mark. This applies to all types of marks – brand names, slogans, color, product shapes, or even a smell. The cost of dropping the ball on this duty can range from a bar on future enforcement… Continue Reading
Is It Proper To Say You Google On GOOGLE®?
Posted in Domain Name, Genericide, Litigation, Trademark, Uniform Domain Name Dispute Resolution PolicyWritten by Susan Weller Do you “google?” That is the essence of the question before the Federal District Court in Arizona in a Complaint filed on May 21, 2012 by David Elliott against Internet search engine giant Google, Inc. In Elliot v Google, Inc., CV-12-1072-PHX-MHB, Elliot claims that Google’s once distinctive mark GOOGLE® has become… Continue Reading
Applying for a New gTLD? Registration Deadline of March 29, 2012 Approaches As Cybersquatting Continues To Rise.
Posted in Domain Name, gTLD Issue, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyTime is running out to apply for the Internet Corporation for Assigned Names and Numbers’ (ICANN) new program to dramatically expand the number of generic top-level domain names (gTLDs). This controversial program has the potential to add countless new names to the currently available top-level domains (like .COM and .NET) by allowing companies to apply to serve… Continue Reading
WIPO Named Exclusive Arbitrator of “Legal Rights Objections” for New gTLD Program
Posted in Domain Name, gTLD Issue, Trademark, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton ICANN has recently appointed the World Intellectual Property Organization (WIPO) to be the exclusive provider of dispute resolution services when a third party files a formal “Legal Rights Objection” or “LRO” to a pending application under the new gTLD program. In assessing the validity of an LRO, the WIPO panel will decide whether… Continue Reading
.Anything 101: A Brief Guide to the New gTLD Program
Posted in Domain Name, gTLD Issue, Trademark, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton Last week, ICANN began accepting applications for its new gTLD program. ICANN has posted a series of extremely comprehensive materials outlining the registration and evaluation process. A copy of those materials can be found here. The following brief summary of the application process is geared toward trademark holders seeking to protect their trademark rights during this… Continue Reading
NewtGingrich.com: A Lesson in Defensive Domain Name Registration and Maintenance
Posted in Anticybersquatting, Domain Name, Uncategorized, Uniform Domain Name Dispute Resolution PolicyNot only is Newt Gingrich slipping in recent polls in his efforts to become the presidential nominee for the Republic Party, but he now has a domain name problem. As reported yesterday, the domain name <newtgingrich.com> has been registered by a pro-Democratic political action committee, American Bridge PAC. American Bridge bought the domain and programmed it to… Continue Reading
Use the UDRP to Reclaim That Trademarked Domain Name? Maybe Not.
Posted in Domain Name, Remedies, Trademark, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton and Geri Haight UDRP proceedings are often touted as a quick and inexpensive way to resolve domain name disputes. Several recent UDRP decisions denying relief to trademark owners, however, demonstrate that in some instances the UDRP may not be the appropriate tool. A few recent UDRP decisions have denied relief to trademark owners who were seeking to reclaim trademark-based… Continue Reading
The Sunrise B Period: Act Now To Prevent Use Of Your Trademark In Connection With New .XXX Adult Entertainment Domain Names
Posted in Domain Name, gTLD Issue, Trademark, Uniform Domain Name Dispute Resolution PolicyWritten by Geri L. Haight and Joseph M. DiCioccio Are you concerned that the name of your business or the trademark used in connection with your best-selling product will be used in connection with an adult entertainment website given the soon-to-be launched .XXX domain names? Domain names ending with the generic top level domain (gTLD)… Continue Reading
Remedies for Cybersquatting: Comparison of the UDRP and ACPA
Posted in Anticybersquatting, Domain Name, Litigation, Remedies, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton Last month, the kitchen and bath giant, Kohler Co., filed an anti-cybersquatting suit in federal court in California against several cybersquatters. In its complaint, Kohler alleges that it previously paid the named defendants $500 to transfer a domain name incorporating the KOHLER trademark in exchange for their agreement that they would not register any… Continue Reading
