201905.17

USTR Releases 2018 Report on IP Protection and Review of Notorious Markets

Last 25 April 2019, the Office of the United States Trade Representative released its 2018 Out-of-Cycle Review of Notorious Markets which underscores online and physical markets reported to facilitate piracy and counterfeiting. It identifies entities that have inadequate protection for IP rightsholders, as well as new technologies, obfuscation methods, and revenue models linked to infringement….

201905.10

2018 Out-of-Cycle Review of Notorious Markets: Online Marketplaces

The B2C and B2B platforms known for their difficulties or their unwillingness to fight counterfeiting appear each year in a document prepared by the Office of the United States Trade Representative (“USTR”) entitled “2018 Out- of-Cycle Review of Notorious Markets” (ustr.gov). Each edition is an opportunity to recall the consequences of counterfeiting on safety and…

201904.15

Valeo wins historical IP case at the Supreme People’s Court of China

Last 27 March 2019, the Supreme People’s Court (SPC) of China ruled in favor of Valeo, a French global automotive supplier, in a patent dispute against two Chinese car accessories companies. The SPC upheld the verdict of the Shanghai IP court in ruling that Valeo’s patent on a connector for windshield wipers was infringed by…

201903.19

Domain name Hijacking : Are you protected ?

A recent cyber-attack campaign, attributed to Iranian operators and realized at the DNS level, has sharpened attention to the risks associated with cyber-attacks targeting domain names. In a previous article, we talked about “Cache Poisoning” of “DNS Spoofing” attacks, using inherent vulnerabilities of the DNS system. The DNSSEC is one of the measures allowing to…

201902.12

Fighting online counterfeits: a China and India 2018 case law review

Join us at the webinar “Fighting online counterfeits: a China and India 2018 case law review”, Monday, February 18, 2019, 09:30 AM Europe/Paris. China and India have 650 and 475 million Internet users respectively. Although the part of e-commerce in the economy is relatively small, the growth curves are prodigious. Unsurprisingly, this trend comes with…

201901.21

« Yellow Vests » and French National Debate: the race for domain names

To answer to growing concerns raised by the “Yellow Vests” movement, the French government launched a national debate on a vast number of topics. A website was also launched to set up events, list them and participate, under the domain name granddebat.fr (“great debate”). The domain was registered by the National Public Debate Commission on…

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…

201811.22

Unifab’s contribution to the list of the most notorious “counterfeit spots”

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201808.10

The GDPR Facilitates Large-Scale Phishing

Phishing is the fraudulent attempt to obtain sensitive information, often for malicious reasons, by disguising as a trustworthy entity in an electronic communication. This practice uses domains identical or very similar to well-known brands: banks, insurance companies or airline companies are very often victims of these attacks. A number of elements help to create large-scale…

201808.02

Domain Name Hijacking: Two Chinese Individuals Before an American Court

A Chinese citizen, Mr. C., is suing another, Mr. L., before the U. S. District Court for the Eastern District of Virginia, in the United States, on the ground of the Anticybersquatting Consumer Protection Act (ACPA). This in rem proceeding concerns the following domain names: 789365.com, 402013.com, 402014.com, 402015.com and vip999365.com (Xiaomei Chen v. Lin Bing Jun,…

201610.28

Dramatic increase in the cybersquatting of EU trademarks

It has come to our attention that on several occasions over the past few months, .COM domain names were registered on the same day that corresponding EU trademarks applications were filed at the European Union Intellectual Property Office (EUIPO). As far as we have been able to ascertain, this dubious practice only concerns -for the…