Organisation: World Intellectual Property Organization

Trademark owners beware: domain name registration may be justified by previous distribution relationship

A recent UDRP decision concerning the domain name ‘embryolisseusa.com’ is instructive for trademark owners intending to engage distributors for the sale of their goods/services.

30 September 2019

When a domain name is dropped, you need the best catcher in your team

A recent decision involving the domain name ‘ogio.com.au’ under the ‘.au’ Dispute Resolution Policy is an important reminder of how panels can have different approaches to the same facts in complex cases. 

16 August 2019

Keeping up with the Jonesies: UDRP panel refuses to transfer ‘littlejonesies.com’

A recent UDRP decision involving the domain name ‘littlejonesies.com’ highlights the importance of establishing a prima facie case of lack of legitimate interest when a domain name includes the registrant's name. 

13 August 2019

Skateboard saga: UDRP panel allows separate ownership of almost identical domain names to continue

A recent decision involving the domain name ‘customskateboard.com’ underlines that it is sometimes difficult to predict the outcome of UDRP complaints.

07 August 2019

No UDRP remedy for failure to renew

A recent UDRP decision involving the domain name ‘titoni.com’ shows that domain name registrants must manage their portfolios rigorously to avoid missing any expiry dates.

01 August 2019

Achilles' heel: UDRP complainants should provide detailed evidence when relying on unregistered or common law rights

A recent decision involving the domain name ‘threadsofapollo.com’ highlights the importance of submitting comprehensive evidence to support assertions in a UDRP complaint, especially when a party relies on unregistered or common law rights in its submissions.

26 July 2019

‘Love and green’ at the limits of legitimate domain name speculation

A recent decision under the UDRP highlights the tension between speculating in domain names composed of descriptive terms for their perceived inherent value, and the interests of trademark holders who hold trademark rights in such terms.

22 July 2019

Privacy problems: brand owners should use caution when using privacy service to register domain name

A recent UDRP decision involving the domain name ‘absainsurance.com’ underlines the fact that brand owners should avoid using a privacy service to register domain names unless there are sound business reasons for doing so.

15 July 2019

MARQUES warns of severe consequences of UDRP review “based upon bias, anecdotes and edge-cases”

MARQUES has written to ICANN calling for a data-led review of the UDRP when the process kicks off, stating that “there should be no changes to the UDRP unless such changes are based upon fact”. 

11 February 2019

WIPO hits back after ICA sets its sights on UDRP providers and panellists

The Internet Commerce Association has published a document making a series of recommended reforms for the UDRP system, which WIPO claims “betrays a clear misunderstanding of the actual mechanics of impartial and efficient ADR case management”.

25 January 2018

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