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Archive | May, 2018

What Domain Names Get Transferred: Why and Why Not?

Think of trademarks situated on a continuum with famous and well-known at one end and less well-known or unrecognized by average consumers at the other. On one end there is certainty of infringement, Koppers, Inc., Koppers Delaware, Inc. v. Jorge Villalva, D2018-0764 (WIPO May 10, 2018) () as well as other well-known marks such as […]

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Making a Strategic Decision: URS or UDRP?

A discussion is presently underway about the Uniform Rapid Suspension System (URS) (and in Phase 2 next year of the Uniform Domain Name Resolution Policy (UDRP)), whether it is performing as intended. The URS is less than 5 years old and there are not an overwhelming number of decisions. Since 2013, rights holders have filed […]

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The Spontaneous Development of the Domain Name Market

Panel Talk at the Fordham International IP Conference, New York City April 6, 2018 If we traveled back in time we would discover that unauthorized squatting on someone else’s property is an ancient tort, but in cyberspace it dates from the mid-1990s. Its emergence brought together governments and intellectual property stakeholders to demand a rights […]

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