THE ROLES OF CERTAINTY AND DOUBT IN UDRP DISPUTES There are two invariables in UDRP proceedings: the first is that 95% of all cybersquatting disputes result in cancelling registrations or transferring disputed domain names to complainants’ accounts; and the second is that respondents in this group rarely respond because the claims are indefensible; and when they do respond (speaking only …
Highlighting Previous Comments
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 …
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 …
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 …
Domain work part 1 – Acquisition by Mr. Sten Lillieström
Domain work part 1 – Acquisition by Mr. Sten Lillieström (LinkedIn) The domains which domain name investors select for acquisition can vary wildly as noted in the previous articles in this series. But regardless of successfully identifying a domain name with perceived value, nothing is accomplished without hard work by domain name investors. As a consequence, when the initial selection …
The Brandable Idea by Mr. Sten Lillieström
The brandable idea by Mr. Sten Lillieström (LinkedIn) In the previous article we examined the laws of tradition as they pertain to domain investing. According to the The legacy idea, datapoints such as search keyword metrics allegedly reveal if a domain name is valuable or not. At the same time, end user preferences indicate that there is more to the …