ICA Member Call on Transfer Locks

All ICA members are invited to take part in an ICA Member Call on Domain Name Transfer Locks, Wed, May 11th at 1 pm EST. Come and learn about the different kinds of transfer locks and share your feedback on how the transfer lock policy should be changed. ICA General Counsel, Zak Muscovitch is part of the ICANN Transfer Policy …

Decisions by Dreyfus, Lothian, Neuman, Swinson and more – ICA UDRP Digest – Vol 2.19

Dreyfus Finds “Plan B” RDNH Canon City Property Management, LLC v. David Borden, NAF Claim Number: FA2203001987569 <canoncitypropertymanagement .com> Panelist: Ms. Nathalie Dreyfus Brief Facts: The Complainant, a real estate management company in Canon City, Colorado has a website at <canoncitypropertymgmt .com>. The Complainant filed for incorporation in Colorado on August 4, 2017 and began doing business no later than …

Short Domain Name Value – ICA UDRP Digest Vol 2.18

Short Domain Name Value Wayne Kramer v. WangRongHua (王荣华), WIPO Case No. D2022-0118  <mc5 .com> Panelist: Ms. Sok Ling MOI Brief Facts: The individual Complainant owns the trademark MC5 in respect of “entertainment services in the nature of live musical performances” with USPTO registered on July 20, 2021, claiming first use in commence on April 1, 1967. The disputed Domain …

A Very Troubling Decision: Innocent Registrant Found to be a Cybersquatter? – ICA UDRP Digest – Vol 2.17

Innocent Registrant Found to be a Cybersquatter? A Very Troubling Decision. Motennas, LLC v. FengWenJia, NAF Claim Number: FA2203001986623 <mohu .com> Panelist: Mr. David P. Miranda, Esq. Brief Facts: The Complainant operates a TV antenna business and owns rights in the MOHU trademark based on registration with the USPTO dated January 22, 2013. The disputed Domain Name was acquired by …

ICA Comment on Policy Status Report: Uniform Domain Name Dispute Resolution Policy (UDRP)

Today the ICA submitted its Comment in response to ICANN’s recent Status Report on the UDRP. UDRP reform is one of the most critical concerns for our members. An effective, fair, and legitimate UDRP must balance both protection of intellectual property rights and the protection of domain name registrant rights. Our members include many owners of valuable generic domain names who …

ICA UDRP Digest – Vol 2.16

Respondent is Known by the Domain Name Despite Complainant Trademarks  Aquarian Foundation, Inc. v. Daryl Wardenaar, Church of Higher Spiritualism, WIPO Case No. DAU2022-0003 <hispirit .org.au> Panelist: Mr. John Swinson Brief Facts: The Complainant is a church established in 1955, whose principal place of business is in Seattle, United States. The Complainant owns United States and Australian registered trademarks for …

How Should Panels Approach Free Speech Cases? Momsdemand .org, hbznews .com, and other cases – ICA UDRP Digest – Vol 2.15

The Multi-factored Approach to Claimed Free Speech Cases Everytown for Gun Safety Action Fund, Inc. v. Contact Privacy Inc. Customer 1249561463 / Steve Coffman, WIPO Case No. D2022-0473  <momsdemand .org> Panelist: Mr. Georges Nahitchevansky Brief Facts: The US Complainant, a gun violence prevention organization, uses the mark MOMS DEMAND ACTION in connection with its advocacy efforts. It owns trademark registrations …

Reimex.com, cyberguard.com, veho.com and Comments from Zak Muscovitch! – ICA UDRP Digest – Vol 2.14

Who Gets the Domain Name When There are Multiple Users of the Mark and No Specific Targeting of the Complainant? Matias Eduardo Araya Varela v. Jason Newby, WIPO Case No. D2021-4256  <reimex .com> Panelists: Mr. Reyes Campello Estebaranz (Presiding), Mr. James W. Dabney and Mr. Gerald M. Levine (Dissenting)  Brief Facts: The Chilean Complainant operates an online business at <reimex …

Michael Cyger Stepping Down from the ICA Board

We want to congratulate both Michael Cyger and GoDaddy on GoDaddy’s recent acquisition of DNAcademy! Since GoDaddy is already represented on the ICA Board by their President of Domains, Paul Nicks, to keep its balance, Michael Cyger will be stepping down from the Board effective today, March 31, 2022. We will miss his leadership and presence on the Board, but …

MedellinLiving .com, NFTpsg .com, Vanguard-Wealth .com and More Interesting Decisions – ICA UDRP Digest – Vol 2.13

Complex Dispute Over Medellin Website Damijan Tuscana/Medellin Living, LLC v. Brad Hinkelman, NAF Claim Number: FA2202001984731 <MedellinLiving .com> Panelist: Mr. Steven M. Levy, Esq. Brief Facts: The Complainants own rights in the MEDELLIN LIVING mark based on registration of the mark with the USPTO on Dec. 4, 2018. The Complainant asserts that the Domain Name is identical to its registered …