Currently, a company established oustide of Australia can register a .com.au or .net.au domain based on an australian trademark, provided the domain is identical or very similar (eg. Abbreviation) to the corresponding trademark. However, new eligibility rules will take effect on 12 april 2021. Paragraph 2.4.5 of the new rules (auda.org.au) states that in case of…
My Gameroom LLC initiated a UDRP procedure against Facebook for gameroom.com, registered in 2016, based on the rights it holds on “MY GAMEROOM” U.S. trademarks, registered since 2018, but used since 2016. The transfer request was rejected for several reasons. First, the panelist considered that “Complainant provide[d] no evidence of significant use of its mark…
Mr. B. was the owner of the French semi-figurative trademark “Saint Germain” n° 3 395 502, filed on December 5, 2005, to designate, in classes 30, 32, and 33, in particular, alcoholic beverages (except beers), ciders, digestives, wines and spirits, alcoholic extracts or essences. On June 8, 2012, Mr. B. sued St Dalfour and Etablissements…
In 2010, Petit Bateau (a French brand of clothing for children) hired Ms. A as an export project manager. The employment contract contained a confidentiality clause. By letter of May 15, 2014, Ms. A was dismissed for serious misconduct, particularly for having breached her confidentiality obligation by posting, on April 22, 2014, on her Facebook…
On July 3, 2020, Mr. G., claiming to be the owner of an unregistered trademark called “SPASE” since 2019, initiated a UDRP procedure before the Arbitration and Mediation Center of the World Intellectual Property Organization (wipo.int) against the holder of the domain name <spase.com>, created in 2005 and continuously used by Mrs. Jello, LLC. The…
On December 23, 2020, ICANN announced that the DNSSEC protocol was now deployed and operational in all generic top-level domains (i.e. 1,195 gTLDs). ICANN may, in consultation with ccTLD registries, focus on national geographic extensions that are not yet secure. Source: Domain Name System Security Extensions Now Deployed in all Generic Top-Level Domains, icann.org, 2020-12-23…
It is rare for a UDRP complaint about a domain name identical to an acronym trademark to be successful (see, eg: “Trademarks and domain names: it’s hard to be an acronym trademark!”, iptwins.com, 2019- 04-24). In this regard, the UDRP CAC 103302 decision stands out (CAC UDRP case No. 103302, Air Medias v. Jurgen Neeme,…
Hydro-Québec, the public company responsible for electricity in Quebec, obtained the transfer of the domain name <xn--hydroqubec-h7a.com> (hydroquébec.com) (NAF, FA2011001921549, Hydro-Québec v. Tomasz Kurlenko, December 23, 2020). The claimant had no difficulty in proving that this was a case of cybersquatting. The “hydroquebec.com” case recalls the importance that there may be in registering and using…
Unlike other regulations for the out-of-court resolution of domain name disputes, Article 2 of the cnDRP (China) sets a time limit to start a cnDRP procedure. However, imposing such a deadline, based exclusively on the date of registration of the domain name, is not appropriate: . “197. The WIPO Interim Report recommended that a time…
A little over a year after the report of the French Court of Audit on counterfeiting (iptwins.com, 2020-03-10), Christophe Blanchet and Pierre-Yves Bournazel (delegates at the French National Assembly) delivered a report of prime importance on the evaluation of the fight against counterfeiting (Christophe Blanchet et Pierre-Yves Bournazel, Rapport d’information sur l’évaluation de la lutte contre…
On the 5th of October 2020, Picture organic Clothing has seen its UDRP Complaint on picture.com curtly rejected by a 3-members panel of the WIPO arbitration and mediation center. The decision (WIPO, D2020-2016, Picture Organic Clothing v. Privacydotlink Customer 4032039 / James Booth, Booth.com, Ltd., October 5, 2020) also qualified the Complaint as « Reverse Domain Name…
Article 2 of the cnDRP designates the date of registration of the domain name as the limitation period’s sole starting point. The central question is the following: should the domain name transfer be treated as a new registration? Two options are possible. First, if it is considered that the change in ownership does not constitute…
The rules for the out-of-court resolution of top-level domain names in the People’s Republic of China (.cn and. 中国) are unique. This mode of dispute resolution, created by the China Internet Network Information Center (CNNIC), is mainly governed by two legal instruments: the national method of resolving disputes relating to top-level domain names (China ccTLD…
The European Union Office for Intellectual Property (EUIPO) launched a database of geographical indications recognized and protected in the European Union: GIview. GIview makes it possible to query the status of a geographical indication abroad under bilateral treaties and conventions. Here are some examples: Fontina (IT) is registered in Japan through the transliteration “フ ォ…
Under French law, the unauthorized sale of show tickets constitutes a criminal offense punishable by a fine of € 15,000; a penalty increased to a fine of € 30,000 in the event of a repeat offense (art. 313-6-2 of the Criminal Code). The main objective of this provision is “to fight against the organization of…
The authorities of the canton of Zuerich have published new dates for the launch of .ZUERICH. The sunrise period, reserved for owners of trademarks registered with the Trademark Clearinghouse, will run from May 3, 2021 to July 6, 2021. General availability is set for July 27, 2021.
Chinde’s annual shopping carnival, Double 11, just came to an end, while the hostile affairs of the hosts continue on. On November 10, Beijing Intellectual Property Court held a trial over the lawsuit launched by China’s two largest e-commerce companies, Alibaba Group, and mJD.com – both the plaintiffs and third parties in the case –…
Due to the Covid-19 epidemic’s resurgence, the French government has decided to resort to confinement of the French population. To best protect our employees and our customers’ health, the IP Twins team will work remotely from this day until further notice. The switchboard will be provided, and you will be able to reach your account…
The new .FORUM gTLD will be available on November 16, 2020. At a time when fake news pollutes (literally and figuratively), like the .SUCKS, the .FORUM gTLD must animate the vigilance of those involved in the concomitant respect of the brand image and fair and dignified freedom of expression. Concerning .FORUM, taking part to the…
The domain name? Spase.com, created in 2005 and continuously used by a US national to generate revenue through a parking page. The complainant? An entrepreneur who founded Spase, Inc. (United States) in 2019. The latter initiated a UDRP complaint against Mrs. Jello, holder of spase.com. The parties’ arguments led the three-member panel to decide several…
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