ICA Weekly UDRP Case Summary Digest – Volume 1.5

Kamila SekiewiczUDRP, UDRP Case Summaries, WIPO

Welcome to this week’s UDRP Digest (vol. 1.5), summarizing the most intriguing cases of the past week. Read about: ‣ Red Bull in a China Shop (redbullbeijing .com and others) ‣ Buttkicker Gets Butt Kicked (buttkicker .com) ‣ Turkish Car Company’s Complaint Not Up to Speed (togg .com) ‣ Don’t Confuse Your B&B with Your BNB, or AirBNB (hotelbnb .com) …

ICA Weekly UDRP Case Summary Digest – Volume 1

Kamila SekiewiczUDRP, UDRP Case Summaries, WIPO

============================================================ Quality Carriers, Inc. v. Bests, LLC, WIPO Case No. D2021-1807 QualityCarriers.com  Transfer    Panelist: Mr Robert A. Badgley  Summary: Generic-sounding QualityCarriers.com transferred in UDRP proceedings. Complainant had a long standing trademark. Respondent had record of prior cybersquatting. No proper response filed. Brief Facts: Quality Carriers, Inc., USA filed UDRP over <qualitycarriers.com>. Complainant, a provider of transportation services, had a registered Trademark …

ICA at NamesCon 2021

Kamila SekiewiczICA, Lonnie Borck Memorial Award, NamesCon, UDRP

As each year, the ICA will have a large presence at NamesCon, and we invite you all to join us! You’ll find the agenda here, and ICA workshops and sessions are outlined below. – – – We have three very informative workshops prepared. The presenters know how to make policy and agreements engaging and have decades of domain name experience, …

ICA PARTICIPATES IN WIPO 20TH ANNIVERSARY SYMPOSIUM

Kamila SekiewiczUDRP, WIPO

Zak Muscovitch, General Counsel of the ICA, was invited by the World Intellectual Property Organization (WIPO) to present at its symposium on the occasion of the 20th anniversary of the UDRP held in Geneva on October 21, 2019.  This invitation was a rare opportunity to share the perspective of domain name investors to an audience of UDRP panelists.  UDRP panelists …

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

Zak MuscovitchDomain 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 …

ICA’s UDRP Reform Policy Platform 2018

Kamila SekiewiczUDRP

The Internet Commerce Association (“ICA”) is taking a leadership role in examining and reforming the UDRP. Over the following months and years during which the UDRP will be reviewed by the ICANN Rights Protection Mechanisms Working Group (the “Working Group”), the ICA will be developing policy reform proposals based upon extensive study and its consultations with ICA members who have …

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

adminDomain 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’

adminDomain 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 …

The Rise and Fall of the UDRP Theory of ‘Retroactive Bad Faith’

adminDomain Law, Law & Policy, UDRP

Since its establishment in 1999, the Uniform Domain Name Dispute Resolution Policy has required complainants to prove inter alia, “bad faith registration”. In practice, this has meant that where a domain name was registered before a trademark came into existence, that “bad faith registration” would be considered chronologically impossible.

ICA Session at Namescon: The Most Shocking UDRP Decisions of 2016

adminUDRP, Uncategorized

On Monday, January 23, 2017, at noon, the ICA will be holding a special session at NamesCon, to debate and select the most shocking UDRP decision of 2016. The three cases up for debate are Sihi.com, NutrihealthSystems.com and GreenTrust.com.  Summaries of the cases are set out below.  After the cases are presented and debated, the audience at the session will select the case …