Zak Muscovitch comments on the issue of common law rights raised in the decision on <lifefenefits .com> Securian Financial Group, Inc. v. Carolina Rodrigues / Fundacion Comercio Electronico, NAF Claim Number: FA2204001991732, (UDRP Digest Vol 2.21) In this case, the Panel accepted the Complainant’s contention that the Complainant enjoyed common law trademark rights in the term, LIFEBENEFITS. Interestingly, from the …
Reflections on the Jurisprudence of Domain Names, No. 1
By Mr. Gerald M. Levine The commentaries in the Weekly Digest give a good account of the panelists’ reasoning for their decisions but I thought it would also be instructive to discuss the decisions from two other perspectives. The first is the evidentiary demands of the UDRP and the second is the accumulated wisdom of authoritative decisions which cumulatively constitute …
ICA AMA with Josh Reason
As always, we’ve got something special lined up for our next ICA AMA! Mark your calendars for next Wednesday, March 27th at noon Eastern because Josh Reason, an ICA member and an expert in the domain market, will be taking the floor. Josh isn’t just any industry expert; he’s a seasoned brand consultant and entrepreneur with a portfolio of businesses …
Complainant’s failure to demonstrate timely trademark rights dooms complaint? – vol. 4.11
Complainant’s failure to demonstrate timely trademark rights dooms complaint? Especially because it was decided on other grounds, the dispute over <FreshKidz .com> offers an opportunity to consider the current state of classic cybersquatting in an era where domain name investors have registered millions of domain names that they believe have at least a whiff of inherent attractiveness. We hope you …
A Legitimate Question by Mr. Sten Lillieström
A Legitimate Question by Mr. Sten Lillieström (LinkedIn) No official effort to prohibit domain name investment has ever materialized in the 25 year history of the UDRP. That is a significant stamp of approval. So why does it still seem like buying and selling domain names is an illegitimate enterprise? Why are the most likely labels misnomers like “pirates”, “hi-jackers” …
Domain work part 2 – Sales by Mr. Sten Lillieström
Domain work part 2 – Sales by Mr. Sten Lillieström (LinkedIn) When the domain name has finally landed safely in your registrar account – against all odds – are you now an investor? Not in a million years. You also need to sell the damn thing. Without sales you were only ever a collector at best. Selling domain names on …
Impersonating Retired Executive to Perpetrate Fraud – vol. 4.10
Impersonating Retired Executive to Perpetrate Fraud There is often a disconnect between how UDRP decisions are reasoned and how they are written. This is particularly evident with the finding of bad faith. In making a finding about bad faith, a panelist weighs all the evidence as a whole within the context of the circumstances of the case to assess whether …
Panelists – Be forthright! The DWIcompanies .com decision
Panelists – Be forthright! The <DWIcompanies .com> decision by ICA Director and Domain Name Investor, Nat Cohen: There is often a disconnect between how UDRP decisions are reasoned and how they are written. This is particularly evident with the finding of bad faith. In making a finding about bad faith, a panelist weighs all the evidence as a whole within …
In Memory of Howard Neu
It is with profound sadness that we announce the passing of Howard Neu this past weekend. Howard was a founding member of the ICA and a respected UDRP attorney, as well as the co-founder of many domain name conferences: T.R.A.F.F.I.C., Merge, and The Domain Conference. Howard’s remarkable journey before his significant contributions to the domain name industry included serving as the …
An Unrepresented Complainant is Still Responsible for Understanding the Policy – vol. 4.9
An Unrepresented Complainant is Still Responsible for Understanding the Policy One of the most common mistakes that we see in Complaints is Complainants failing to provide background information about themselves. Often Complainants simply launch into their allegations and argument without so much as explaining who they are and what they do. In this particular case, the omission of background information …