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Category Archives: Internet Governance & Domain Names

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WIPO – UDRP: Proof of bad faith registration crucial

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel denied the transfer of a domain name mainly based on the lack of evidence about the Respondent’s bad faith upon registration of the domain name in dispute. The Complainant was Zeca S.p.A of

New generic Top Level Domains for China

The China Ministry of Industry and Information Technology (MIIT) has recently awarded licenses to a number of legacy and new generic Top Level Domains (gTLDs) allowing them to be sold and operated within China.  This is in line with a continuing trend towards greater openness to the domain name world on the part of China.

Vietnam: New rules for resolving .VN disputes

Vietnam has seen a rapid surge in internet use, having one of the highest rates of increase of annual Internet users in the world. According to the Vietnam Telecommunications Authority, 52% of the population (over 47.3 million people) are Internet users. .VN is the country-code Top Level Domain (ccTLD) for Vietnam. In terms of .VN

WIPO: Cybersquatting reaches all-time high with the introduction of new gTLDs

The World Intellectual Property Organization (WIPO), the United Nations agency based in Geneva that administers the Uniform Domain Name Dispute Resolution Policy (UDRP), issued a press release last month revealing that cybersquatting cases reached an all-time high in 2016, with 3,036 cases filed (as compared with 2,754 cases filed in 2015), representing a 10% increase over

IP Newsletter – French language/Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #14 from March 2017 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)

Judge gives .AFRICA the green light to proceed

As previously reported here, the Internet Corporation for Assigned Names and Numbers (ICANN) has been sued by the disgruntled new generic Top Level Domain (gTLD) applicant, DotConnectAfrica, in order to prevent the delegation of the new gTLD .AFRICA.  DotConnectAfrica alleged that a rival application for .AFRICA, which was filed by ZA Central Registry (ZACR), was

France: No requirement for a domain name to be distinctive in unfair competition claims

In a decision of 6 December 2016, the French Supreme Court of the Judiciary (“Cour de Cassation”) provided a very useful clarification in relation to unfair competition claim (“concurrence déloyale”, a tortious action) based on domain names. The Cour de Cassation stressed that neither the distinctiveness nor the originality of a domain name were a

gTLDs: The luck of the .IRISH

The Internet Corporation for Assigned Names and Numbers (ICANN) launched the application process for new generic Top Level Domains (gTLDs) in January 2012.  The new gTLD program resulted in an unprecedented expansion of the Domain Name System (DNS) from the existing 22 TLDs, such as .COM and .ORG, to currently over 1,200 gTLDs. While a

WIPO – France: Domain name used for cyber fraud

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel ordered the transfer of a domain name because, although it had never been used for an active website, it had been used to send fraudulent emails in an attempted cyber fraud. The Complainant

A Top 10 Dispute in China

China Business Law Journal has recently announced its ‘Deals of the Year 2016’ recognizing cases that saw the most sophisticated efforts by legal counsel. And as a result our work for Tencent has been recognized as one of the Top 10 Dispute Deals of the Year and the only domain name case on the list.

UK: Nominet domain name take downs on the up

Nominet, the Registry responsible for running the .UK domain name space, has recently published a report on the number of domain names it has suspended further to requests from law enforcement agencies.  The figures show that during the 12 month period from 1 November 2015 to 31 October 2016, over 8,000 domain names were suspended. 

WIPO: Complainant files UDRP to protect its brand(y)

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a cognac producer successfully obtained the transfer of 10 domain names reproducing its brand under the .TOP and .VIP new generic Top Level Domains (gTLDs). The .TOP gTLD is one of the many gTLDs recently

Ready, Set, Respond: Tools to prepare in-house counsel for cybersecurity incidents

One day, your phone likely will ring with news that your organization’s cybersecurity may have been compromised. You need to be ready to respond comprehensively and with confidence. From counselling clients across the globe, our cross-practice team of cybersecurity lawyers is at the forefront of understanding the tools in-house counsel need – so we have

gTLDs: Negative feedback for controversial “free speech” TLD

The controversial generic Top Level Domain (gTLD) .FEEDBACK was launched in late 2015 by the Registry Operator Top Level Spectrum, Inc. (TLS).  Promoted as the online destination for Internet users to find websites that are “geared towards free speech and giving reviews”, the .FEEDBACK gTLD made multiple changes to its registration policies during its launch

Business critical and valuable domain names – French government stresses importance of Registry lock

The French National Cybersecurity Agency (ANSSI – Agence Nationale de la Sécurité des Systèmes d’Information) has recently launched an information campaign to heighten public awareness about the dangers of attacks on domain names and the importance of activating the Registry Lock on all sensitive domain names. Domain name holders are generally aware that they can

Turning the clock back? Getting round the 2-year time bar in a .CN complaint

Unlike the Uniform Domain Name Dispute Resolution Policy (UDRP), the CNNIC ccTLD Dispute Resolution Policy (CNDRP) – the dispute resolution policy governing the “.cn” domain in China – sets a time bar which stipulates that no complaints concerning a “.cn” (or “.中国”) registration of over 2 years will be accepted. This time bar has in

Bye Bye Internet – a brief look at the historic transition that just happened this weekend

Midnight 1 October 2016 was a historic moment in the history of the Internet with ICANN, a non-profit organization, finally taking control of the global domain name system (DNS). The U.S. government’s contract to perform the Internet Assigned Numbers Authority (IANA) functions (the IANA contract) has expired. Whilst the U.S. certainly invented the underlying technology

The URS: cheap, fast but not necessarily easy

This week in IP Enforcement Focus, we cover the URS Procedure, more fully known as the Uniform Rapid Suspension System – a rights protection mechanism aimed at tackling clear cases of cybersquatting in the new generic top-level domain space (new gTLD). Designed to complement the UDRP (Uniform Domain Name Dispute Resolution Policy) it is faster and

France: New ADR procedure for .FR domain names

The World Intellectual Property Organization (WIPO) and the Association française pour le nommage Internet en coopération (AFNIC), the Registry for the .FR country code Top-Level Domain (ccTLD), recently announced the launch of a new alternative dispute resolution (ADR) procedure to resolve domain name disputes under the .FR ccTLD.  This ADR procedure, which became available on

ICANN sticks two characters up for countries

The Internet Corporation for Assigned Names and Numbers (ICANN) has released a document called “Proposed Measures for Letter/Letter Two-Character ASCII Labels to Avoid Confusion with Corresponding Country Codes”.  Under the measures proposed in this document, governments and independent country code Top Level Domain (ccTLD) operators would be given the first option on a list of

Another blow for ICANN in .AFRICA

As reported in our earlier post, the Internet Corporation for Assigned Names and Numbers (ICANN) has been sued by the disgruntled new generic Top Level Domain (gTLD) applicant, DotConnectAfrica, in order to prevent the delegation of the new gTLD .AFRICA.  DotConnectAfrica alleged that a rival application for .AFRICA which was filed by ZA Central Registry

Asia: Can’t grab a .taxi?

In a dispute before the Kuala Lumpur office of the Asian Domain Name Dispute Resolution Centre, the Panel allowed the transfer of the domain name <grab.taxi> to the Complainant. The Complainant was GrabTaxi Holdings Pte. Ltd, which operated a mobile taxi booking application in Southeast Asia.  The Complainant was the registered owner of a few

WIPO: UDRP is a good egg

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a three-member Panel refused to order the transfer of a domain name that exactly matched the Complainant’s trade mark because the Complainant failed to prove bad faith registration and use, given the domain name’s plausible