A few days ago, I started to convince myself that there might be less to worry about with new gTLDs.  It was calming to consider that the largest percentage of new extensions would likely be .brands which would pose little risk to others’ intellectual property rights. What I’d forgotten is how potentially problematic some of the new generic extensions could be.  And recent news reminded me that rights’ holders will likely realize all the pain they expected and more.  Announcements from Momentus Corporation, Radix, CloudNames and TLDH have catalyzed these fears. They’ve published the extensions they have applied for, many of which... Read More
Why in the world would any company sign-up for a “New gTLD Application Monitoring Service” when ICANN intends to publicly post all applications on May 1st? Domain Name Watching and Trademark Watching Services make perfect sense when new registrations and applications are being submitted and granted on a daily basis. I think that we can all easily agree that trying to understand new domain name and trademark registrations without an automated service would be nearly impossible. And when ICANN eventually moves away from these discrete application rounds, I will be the first one to recommend an Application Watching Service. However, as... Read More
In a move that reinforces their communication of support for creating a brand rights holder-friendly environment, the ICM registry, who operate the .XXX registry, have begun to take independent and unique action to thwart brand abuse. According to this post in World Trademark Review, it appears that they have created their own way to act on obviously infringing names. It seems like this is an opportunity to remove names from the ICM .XXX registry without lengthy litigation or complicated UDRP proceedings. Is this a model that could work in the new expanding domain naming environment and will rights holders be happy... Read More
New York’s Federal Court recently awarded luxury fashion brand Tory Burch $164 million in damages against online counterfeiters. It is believed to be the largest issued award in the fashion industry and is a record breaking victory against a group of counterfeiters that set up hundreds of rogue websites which sold fake versions of the company’s signature apparel and accessories. These professional looking sites appeared to be associated with the brand as they displayed the company’s logos, product images and detailed product descriptions drawn directly from the official Tory Burch website. Many of these fake sites also included domain names that... Read More
On November 29, 2010, the Supreme Court denied certiorari in the Tiffany v. eBay case out of the influential Second Circuit.  That court had found in favor of online marketplace eBay in a suit brought by Tiffany, Inc., charging contributory trademark infringement where eBay posted listings that offered counterfeit silver Tiffany jewelry for sale.  Tiffany (NJ), Inc. v. eBay, Inc., 600 F.3d 93 (2d Cir.), cert. denied, 2010 U.S. LEXIS 9355 (2010).  Tiffany had sent hundreds of complaints to eBay, which had taken down the specific listings complained of but refused to stop other listings that purported to sell Tiffany silver... Read More


Follow Us

Get all the latest updates

Get all the latest updates

Featured Author

Alison Simpson
With more than 13 years’ experience in the domain industry, Alison has managed all aspects of Corporate Domain Managem... More