201904.14

Trademarks and domain names: it’s hard to be an acronym trademark!

At the conclusion of the WIPO D2019-0263 case, the panelist rejected the request from Groupement des cartes bancaires to obtain the transfer of the domain name cb.markets (WIPO, D2019-0263, Grouping Bank Cards v. Domain Administrator, Coinbase, Inc., April 2, 2019, denied). It is essentially on the ground of the criterion relating to the right or…

201903.28

New gTLDs: Do not forget the preventive registrations!

Since the new gTLDs offer new opportunities for brand owners, they also offer cybersquatters the same opportunities. It suffices to observe the (more or less recent) decisions made under the auspices of the World Intellectual Property Organization to note an upsurge in cybersquatting by the registration and use of non-similar domain names (typosquatting) but identical…

201811.23

bmẉ.com (BMW), e-lẹclerc.com (E. Leclerc), порше.com (Porsche), קוקהקולה.com (Coca-Cola) et al.: Brief Overview of Internationalized Domain Names in WIPO UDRPs

BMW had to initiate a UDRP proceeding to get the domain name bmẉ.com [xn--bm-e3s.com], therefore containing the letter “w” with a diacritic dot. The respondent in the UDRP proceedings did not participate, and the decision appears relatively ordinary. However, it contains a reminder on an obvious but yet necessary legal point: “Previous UDRP panels have…

201809.27

Cambridge.org v. Carnbridge.org: a UDRP Case on Typosquatting and Identity Theft

The University of Cambridge started a UDRP proceeding under the auspices of the World Intellectual Property Organization’s Arbitration and Mediation Center to obtain the transfer of the unsettling domain name carnbridge.org. The transfer of the domain name was ordered (WIPO, D2018-1542, The Chancellor, Masters and Scholars of the University of Cambridge v. Sunny Legend, September…

201809.13

What to Do With Domain Names Such as starbucksnestle.com and starbucks-nestle.com?

The announcement of a commercial partnership between Nestlé (nestle.com, May 7, 2018) and Starbucks (starbucks.com, August 28, 2018) led to cybersquatting cases. Many domain names combining the “nestle” and “starbucks” trademarks were registered. DRP proceedings were initiated, including the D2018-1183 procedure undertaken by the Nestlé Products Corporation against a US citizen who had registered two…

201806.06

UDRP: the Boomerang Effect of the Response

The Uniform Dispute Resolution Policy (UDRP) procedure to obtain the transfer of a domain name is a straightforward proceeding, within which the evidentiary requirement is rather low. To obtain a favorable decision, the Complainant must satisfy three conditions: the domain name must be identical or similar to a trademark to which the Complainant has rights;…