Caribou.com, Lumos.com, PerfectRecall.com and more interesting domain names cases! ICA UDRP Digest – Vol 1.18

Kamila Sekiewicz Domain Law, UDRP, UDRP Case Summaries

A Respondent in a Different Jurisdiction Cannot Be Expected to Have a Constructive Notice of Trademark Scott Dylan v. K-Ventures FZE LLC, WIPO Case No. D2021-2977 <caribou .com> Complaint Denied Panelists: Mr. Matthew Kennedy (Presiding), Mr. Antony Gold, Mr. Gerald M. Levine Brief Facts: The individual Complainant is a shareholder in a 2018 incorporated Company, which provides courier services and has …

ICA Releases Annotated Domain Name Purchase Agreement

admin Domain Law

Do you know what belongs in a purchase agreement?  What rights are you selling?  What liabilities are you assuming?  How will disputes be resolved?  Are you acquiring full rights to the domain name you are purchasing? All these are questions that should be addressed in a domain name purchase agreement.  The ICA worked with some of the top domain name …

Responsible and Prudent UDRP Panels Decline to Draw Conclusions in the Absence of Clear and Sufficient Evidence

Zak Muscovitch Domain Law, Law & Policy, UDRP, WIPO

In the recent case concerning Chatroulette.org , the Panel demonstrated the responsible and prudent approach in evaluating evidence in the UDRP. The Panel stated as follows: “The Panel takes the view that the Respondent’s denial of knowledge of the existence of the Complainant and his trade mark at that date is credible enough to require more from the Complainant to …

Surge in RDNH cases a legacy of the theory of Retroactive Bad Faith

admin Domain Law, Law & Policy, UDRP

What do these Uniform Domain-Name Dispute-Resolution Policy (UDRP) filings have in common? — Dreamlines GmbH, a German cruise promoter, files a UDRP dispute on dreamlines.com, a domain registered 10 years before that company was formed. They do not allege any infringing use. Cognate Nutritionals, Inc., a Connecticut beverage company, which sells a coconut oil brain supplement under the brand “Fuel …

UDRP: Better Late than Never – ICA Applauds WIPO for Removing Misguided ‘Retroactive Bad Faith’

admin Domain Law, Law & Policy, UDRP, WIPO

The Internet Commerce Association (ICA), a non-profit trade group representing the domain industry, applauds the World Intellectual Property Organization (WIPO) for removing misleading guidance from the newly released updated version 3.0 of its Overview of WIPO Panel Views on Selected UDRP Questions that in the previous version had granted undeserved legitimacy to a misconstruction of the UDRP commonly known as …

Initial Statement of the Internet Commerce Association Regarding the Camilla.Com UDRP Decision

Philip Corwin Domain Law, ICA, ICANN, Law & Policy, UDRP, WIPO

Washington, DC; December 11, 2015 — The Internet Commerce Association today released the following initial statement in regard to the November 30 decision of the WIPO Administrative Panel in the case of Camilla Australia Pty Ltd v. Domain Admin, Mrs Jello, LLC (Case No. D2015-1593; http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-1593): The egregious three-member panel decision in this Uniform Domain-Name Dispute-Resolution Policy (UDRP) dispute departs …

ICA Tells ICANN That Comprehensive UDRP Review Should Follow RPM Analysis

Philip Corwin Domain Law, ICA, ICANN, INTA, Law & Policy, UDRP, URS, WIPO

On November 30th ICA filed its comment letter regarding the “Preliminary Issue Report on a GNSO Policy Development Process to Review All Rights Protection Mechanisms in All gTLDs” that was published for public comment on October 9, 2015. ICA’s complete comment can be viewed at http://forum.icann.org/lists/comments-rpm-prelim-issue-09oct15/msg00021.html, and all 24 filed comments are available at http://forum.icann.org/lists/comments-rpm-prelim-issue-09oct15/index.html. The principal question raised by the Report …

The TPP and the DNS

Philip Corwin Congress, Domain Law, Law & Policy

On November 5, 2015 the Office of the U.S. Trade Representative (USTR) released the official text of the Trans-Pacific Partnership (TPP). That text consists of 30 separate Chapters totaling more than 2,000 pages, and is accompanied by four additional Annexes and dozens of Related Instruments. Only those who negotiated it are likely to have a detailed understanding of all its …