The UDRP and Free Speech: Inclusion of “Warning” Sufficient to Negate Risk of Impersonation There are a number of interesting points in this decision and I would focus on the following two: The presence of “warning” in the disputed domain name and significance of qualifying terms in free speech and criticism UDRP cases; and Other circumstances the Panel found relevant …
Totality of the Circumstances Point to Fair Use by Unauthorized Reseller – vol. 3.46
Totality of the Circumstances Point to Fair Use by Unauthorized Reseller This case is yet another application of the nominative (fair) use doctrine under the UDRP, see par. 2.8.1 of WIPO Overview 3.0 and the “Oki Data test” (Oki Data Americas, Inc. v. ASD, Inc., WIPO Case No. D2001-0903). The Respondent offered “A320” aircraft training materials on his website and …
Preliminary Agenda Unveiled for the Upcoming ICA Member Meeting in Las Vegas!
We are thrilled to announce the preliminary agenda for our much-anticipated ICA Member Meeting in Las Vegas! The meeting promises to be a blend of insightful discussions, networking opportunities, and unforgettable experiences. Here’s what we have lined up for you: Wednesday Evening: A Cinematic Start Our meeting kicks off on Wednesday evening with a special outing to the Brand New …
Snap! We got RDNH’d! – vol. 3.45
Snap! We got RDNH’d! It is satisfying to see that the Panel critically reviewed the Complainant’s claim of common law rights. All too often Panels will give a Complainant an undeserved pass under this part of the three-part UDRP test, but here, the Panel declined to find common law rights based upon a close look at the provided evidence, which …
BEDS.COM: ‘Wilful Blindness’ Only Applies to Distinctive Marks – vol. 3.44
BEDS.COM: ‘Wilful Blindness’ Only Applies to Distinctive Marks You may recall that I have from time to time focused on what it takes to demonstrate acquired distinctiveness or a “secondary meaning” in an otherwise descriptive or generic term. This issue has again arisen in this case because the Complainant alleged common law trademark rights in BEDS.COM due to an “extensive …
2024 Lonnie Borck Memorial Award Nominees
We are thrilled to be able to spotlight the nominees of the 2024 Lonnie Borck Memorial Award, a tribute to those who have made exceptional contributions to fostering a sense of community within the domain name industry. Each individual nominated has left a mark on the domain industry through their commitment, expertise, and generosity. At the same time, as we …
Playhouse.com: Play Around and Find Out – Vol. 3.43
We hope you will enjoy this edition of the Digest (vol. 3.43), as we review these noteworthy recent decisions, with expert commentary. (We invite guest commenters to contact us): ‣ Playhouse.com: Play Around and Find Out (playhouse .com) ‣ Nominative Fair Use: Lack of Disclaimer Not Fatal to Respondent’s Case (italysegwaytours .com *with commentary) ‣ Business/Contractual Dispute Outside The Scope …
When it Comes to 3-Letter .Coms, Complainants Usually Fail – Vol. 3.42
When it Comes to 3-Letter .Coms, Complainants Usually Fail Three-letter .com domain names are generally amongst the most sought after because they often correspond to common abbreviations or are otherwise broadly used by many parties. As such, rarely is their value primarily or exclusively attributable to a single trademark holder, with notable exceptions being such brands as IBM, BMW, and …
Announcing IT.com’s and Dynadot’s Sponsorship of our Member Meeting!
The sponsor list for our upcoming event in Vegas is growing, and we couldn’t be more excited! In addition to our group of existing sponsors, Squadhelp with Hilco Digital, GoDaddy and Above.com, please help us by thanking Dynadotfor Energizing your Coffee Breaks and it.com for Fueling Your Friday Lunch! Our sponsors help us make this even possible, and we’re truly grateful for the support of these incredible companies. As always, …
PPC Links Related to Domain Name Demonstrate Legitimate Interest – Vol. 3.41
PPC Links Related to Domain Name Demonstrate Legitimate Interest Most of the time UDRPs are brought to enforce trademark rights. At other times however, they are brought to get a domain name seen as important to a new marketing or branding strategy. The disputed Domain Name was originally created in 1998 and registered by the Respondent it in 2017. What …