The battleground is shifting. In a world where online commerce is rivaling traditional routes to market, new challenges are posed for brand owners in the fight against infringers. Copycats have the ability to shield themselves behind fake identities on social media and domain names registered under false names, making it increasingly difficult to identify the
Tag Archives: UDRP
French government report on cyber threats summarized
This summer, the French government, through the Home Office (Ministre de l’Intérieur), announced the publication of a detailed report on cyber threats in 2018. The report identifies, explains and illustrates current threats in the digital environment and the production of the report was coordinated by the “Délégation ministérielle aux industries de sécurité et à la
WIPO: Cybersquatting breaks all-time record high
The World Intellectual Property Organization (WIPO), the United Nations specialized agency based in Geneva that administers the Uniform Domain Name Dispute Resolution Policy (UDRP) has released a press release revealing that cybersquatting cases in 2017 reached an all-time high, with 3,074 cases filed in 2017 (compared to 3,036 cases filed in 2016 and 2,754 cases
WIPO – No fan site for tribute band
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 that exactly matched the name of a famous pop group and belonged to a tribute band. The decision highlights the fact that genuine fan sites conferring
Welcome to the WIPO overview 3.0
The World Intellectual Property Organization (WIPO) has recently updated its WIPO Overview of WIPO Panel Views on Selected UDRP Questions, the previous edition of which (WIPO Overview 2.0) was published in 2011. The WIPO Overview is a collection of Uniform Domain Name Dispute Resolution Policy (UDRP) jurisprudence summarising consensus panel views on a range of
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
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
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.
WIPO: The UDRP is not a convenient recourse for business disputes
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 and declined to decide whether the three elements of the UDRP had been satisfied as it was evident that the case was not an instance of
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
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
WIPO – Food for thought: Evidence of awareness essential for bad faith registration
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 that was acquired by a domain name trader on the basis that there was no evidence of bad faith registration. The Complainant was Robin Food B.V.,
WIPO: Cybersquatting reaches new heights with the introduction of new gTLDs
The World Intellectual Property Organization (WIPO), the United Nations specialized agency based in Geneva that administers the Uniform Domain Name Dispute Resolution Policy (UDRP) has released a press release revealing that cybersquatting cases in 2015 were up 4.6% compared to 2014. The increase in cybersquatting activity appears to be explained by the recent expansion of
WIPO – UDRP: Monumental win for Moncler
In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a luxury fashion sportswear company obtained the transfer of 50 domain names incorporating its trade mark, which were being used to point to websites either offering counterfeit products for sale or containing pay-per-click links to
WIPO / US : UDRP gets personal
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 consisting of a personal name for failure to prove common law or unregistered trade mark rights in the name. The Complainant was Kait Robinson, a young
US: Domain name – thrown under the party bus
In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the National Arbitration Forum (NAF), a panel ordered the transfer of a domain name although registration of the domain name predated filing of the trade mark application. The Complainant was Party Bus MN, LLC., a company that provided transportation services for
WIPO: A not so “cristal” clear case of cybersquatting
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 confusingly similar to a trade mark for failure to prove that it was registered for its trade mark value as opposed to its generic or descriptive
WIPO: Pay attention to Reverse Domain Name Hijacking
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 and went on to make a finding of Reverse Domain Name Hijacking (RDNH), even though the Respondent did not specifically ask for such relief. The Complainant
WIPO: Uniform Domain Name Dispute Resolution Policy – Case highlight
Qatar Airways once again fails to discover Qatar Qatar Airways Q.C.S.C. of Doha, Qatar, lost a case in July brought under the Uniform Domain Name Dispute Resolution Policy (UDRP) and failed to recuperate the domain name <discoverqatar.com>.
WIPO Uniform Domain Name Dispute Resolution Policy: Single sale sufficient to prove legitimate interests
In a recent case under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel denied a domain name transfer on the basis that a single instance of a sale was sufficient to show that the domain name was used in connection with a bona fide offering of