202006.01

The .PLACE is open!

The .PLACE sunrise period took place in 2014. The registration conditions were then ordinary. However, in 2018, Donuts (the registry) decided to apply restrictions to this TLD. These restrictions are now lifted, as of June 1, 2020, so that everyone is eligible to register .PLACE domain names.

202006.01

EUIPO and EURid: getting trademarks and domain names at the same time

The European Union Intellectual Property Office (EUIPO) and EURid, the registry of European top-level domains, announce plans to intensify their collaboration with the view of supporting small and medium enterprises in obtaining European trademarks and European domain names. The goal, always desired by IP Twins, aims to facilitate the concomitant obtaining of European trademarks and…

202006.01

UDRP: the improper and unjustified transfer of the domain name home-goods.shop

The UDRP decision FA 1893706, rendered on May 22, 2020, under the aegis of the National Arbitration Forum, deserves careful reading (NAF, FA 1893706, HomeGoods, Inc. v. Jiahongnetwork / jiahongnetwork jiahongnetwork, May 22, 2020, transfer). The dispute was between the owner of the HOMEGOODS trademark (an American company) and the owner of the domain name home-goods.shop…

202005.11

Taobao listed in USTR Notorious Markets Review for the fourth year running

China’s e-commerce giant owned by Alibaba Group, Taobao (淘宝网) has again landed on the annual Review of Notorious Markets for Counterfeiting and Piracy for 2019, released by the Administration’s Office of the United Sates Trade Representative (USTR) on April 29, 2020. It is the fourth year in a row that the largest online marketplace in…

202005.11

China: acquisition of domain name, limitation period and admissibility of the complaint under the China dispute resolution procedure

Extrajudicial procedures for the settlement of disputes relating to Chinese domain names are governed by the China National Domain Name Dispute Resolution Policy (CNNIC Policy) and Rules (CNNIC Rules). Compared to the Uniform Domain Name Dispute Resolution Policy (UDRP), this legal corpus contains special features that, in particular circumstances, can make the case relatively complicated. The HKIAC…

202005.01

coronaprevention.org seized by the American authorities

Fraudsters continue to speculate on pandemics, panic, and scarcity (iptwins.com, 2020-03-19), while brand owners (googlecoronavirus.com, iptwins.com, 2020-04-06) and authorities continue their efforts in the fight against fraud of all kinds (iptwins.com, 2020-03-30). On April 24, 2020, the United States government obtained the seizure of the domain name coronaprevention.org: “The seizure warrant alleges that the owner…

202004.30

Romag Fasteners, Inc. v. Fossil Group, Inc.: towards an obligation of vigilance of the same nature as the principles governing corporate social responsibility?

Romag Fasteners produces magnetic snaps. The company had granted a license to Fossil to incorporate the snaps in its handbags. A few years after the license was signed, Romag discovered that Fossil – or, more precisely, its manufacturer in China – was using counterfeit snaps. Romag sued Fossil. A jury ordered Fossil to pay Romag…

202004.24

.ORG: California Attorney General enters debate

. The .ORG saga had a “shock episode” on April 15, 2020, when the Attorney General of the State of California entered the debate by sending a letter to the Internet Corporation for Assigned Names and Numbers). Attorney General Xavier Becerra says he is very concerned. As a reminder, in April 2019, ICANN had proposed…

202004.21

After the GDPR, the CCPA: same impact on Whois records?

In line with the General Data Protection Regulation (GDPR), which entered into force on May 25, 2018, the California Consumer Privacy Act (CCPA) came into force on January 1, 2020. Both include similar provisions, so much so that the CCPA could have the effect of redacting a large number of Whois files, which remained intact…

202004.15

UDRP: the CIIDRC is operational and there are already great decisions!

By resolution of May 3, 2019, the Board of Directors of the Internet Corporation for Assigned Domain Names (ICANN) approved the Canadian International Internet Dispute Resolution Center (CIIDRC, CIIDRC.org), a branch of British Columbia International Commercial Arbitration Center (bcicac.com), as a domain name dispute resolution institution (icann.org, 2019-03-19). It is worth reviving that the BCICAC has…

202004.13

WIPO domain name proceedings statistics for 2019: 26% of defendants are American

As every year, the World Intellectual Property Organization delivered statistics for the past year. International deposits of patents, brands, designs and models, but also the number of procedures handled by the Arbitration and Mediation Center, including those relating to domain names (for last year’s statistics, see iptwins.com,2019-03-15). In 2019, the number of DRP-type procedures continued…

202004.09

Coty v. Amazon: the CJEU’s missed opportunity

On April 2, 2020, the Court of Justice of the European Union (CJEU) rendered one of the most expected IP-related decisions of the year (CJEU, Coty v. Amazon, April 2, 2020, C‑567/18). By not following the recommendations of Advocate General Manuel Campos Sánchez-Bordona (CJEU, Coty v. Amazon, C ‑ 567/18, concl. M.C. Sánchez-Bordona, November 28,…

202004.06

UDRP: googlecoronavirus.com, transferred 20 days after registration

Among the countless domain names registered since the beginning of the health crisis and including the terms “COVID,” “COVID-19” or “Coronavirus,” <googlecoronavirus.com> is the first to have been the subject of a published extra-judicial decision (NAF, FA2003001888606, Google LLC v. Ben Ghosh , April 3, 2020). On March 22, 2020, a U.S. court had issued a prohibition…

202004.01

.CYOU: sunrise period from May 14, 2020 to June 15, 2020

Initially, it was Changyou, a Chinese online games company, which had requested and obtained the new gTLD .CYOU (its NASDAQ ticker symbol). But in the meantime, Sohu bought Changyou, and it was under these circumstances that Shortdot acquired the gTLD .CYOU. A few years ago, Shortdot had tremendous success with the .ICU. Shortdot’s marketing strength…

202004.01

New gTLDs : .COMPARE, .DEALER, .SELECT

The new gTLDs .COMPARE, .DEALER, .SELECT will be available soon. .COMPARE: from April 6, 2020 to May 6, 2020 .DEALER: from April 29, 2020 to June 1, 2020 .SELECT: from April 6, 2020 to May 6, 2020 Don’t miss the sunrise periods! Do not hesitate to contact us. There are many cases of cybersquatting (registration…

202003.31

UDRP on medailledebapteme.com: two mistakes not to make

In the D2019-3175 UDRP decision, the parties (Orfeva SARL and M. V. A.) dispute the domain name <medailledebapteme.com>, which, in French, means “baptism medal” or “baptism medallion” (WIPO, D2019-3175, Orfeva SARL v. V. A., 11, March 2020, in French). What is striking when reading this decision is that this dispute should never have been brought before…

202003.30

Covid-19: vigilance against cyber-attacks

On March 22, 2020, a US court issued a prohibition order against the site <coronavirusmedicalkit.com>, which offered a fake vaccine against the coronavirus, presented as emanating from the World Health Organization. At the ministry’s request, Justice Robert Pitman issued a prohibition order requiring immediate action to block public access to this fraudulent site. Remember that…