201808.03

Frivolous UDRP Complaints: Time to Claim Damages

Innovation HQ, Inc. has owned the domain weeds.com for several years. At the end of 2017, the domain name led to a single page with links made up of generic terms related to horticulture and gardening. This page also announced that the domain name was for sale. Weeds, Inc. owns trademarks that include the word…

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,…

201808.01

IP Twins Moves Offices!

We are delighted to inform you that, as of 30thJuly, our new postal address will be: 78 rue de Turbigo 75003 Paris France Please send all mail correspondence to this address going forward. Our phone number and direct lines will not be affected and remain the same.

201808.01

Brexit: Among the ccTLDs, the .EU is not the Only Issue

It is now widely known that the United Kingdom will leave the European Union on 29 March 2019. This will impact all fields of IP law, and domain names are also concerned. The European Commission recently released a communication in relation to .eu domain names. The communication states that: “undertakings and organisations that are established in…

201807.24

New TLDs launch update

Several gTLDs will be launched in the upcoming weeks: .COM in Hebrew: קום. Verisign, which manages in particular the .COM and .NET top-level domains, announced the launch of .COM in Hebrew characters. The launch calendar is as follows: 30/07 – 04/09: Sunrise period for TMCH records holders only 05/09 – 01/10: Priority registrations for the…

201807.13

Greek ccTLD .ελ: Sunrise Period Open

The Greek ccTLD .ελ is open! As a first time, until October 10, 2018, it is only possible to register a domain name under this new .ελ ccTLD if the domain name in question is not already registered under ccTLD .gr. In other words, domain name owners under the first and second level of .gr…

201807.10

French Government v. France.com: the European Battlefield

The judicial battle between the French government and France.com, Inc., which occurs in France and the United States, also takes place before the European Union courts. France.com, Inc. had filed an application for European trademark. This application referred to a semi-figurative sign composed of i) the name “France.com” and, ii) a pentagon in the colors…

201807.09

.realestate: Let’s Build Together!

The sunrise period of the top level domain dedicated to the real estate business is approaching. Registrations will run from July 28 to August 27, 2018. IP Twins is an accredited registrar with extensive experience and strong expertise in sunrise period procedures. We can assist you in the preparation of your .realestate domain name registration…

201806.28

Harley-Davidson wins 19.2 Million in Statutory Damages Against SunFrog

SunFrog Corporation has been ordered, for trademark infringement, to pay Harley Davidson nearly $ 20 million (HD USA, LLC and Harley Davidson Motor Company Group, LLC, v. SunFrog, LLC, No. 17-CV -711-JPS, US District Court Eastern District of Wisconsin). SunFrog is a marketplace that provides its users with creative tools to produce graphics to be…

201806.25

United States: Prison for Selling Counterfeit Nike Shoes

In Oregon, USA, a man was sentenced to four months in prison followed by three years supervised release for counterfeiting and money laundering. According to the US Department of Justice (DoJ, April 4, 2018), counterfeit Nike brand shoes were offered for sale on Instagram, eBay, and Shopify. The evidence shows that in two years the…

201806.25

The Financial Evaluation of a Domain Name in a UDRP Proceeding

A Taiwanese company registered the disputed domain name senec.com in 2002. A German company, the owner of European trademarks “SENEC”, initiated a UDRP procedure. On the day of receipt of the UDRP complaint by the Arbitration and Mediation Center of the World Intellectual Property Organization (AMC-WIPO), the domain name gave access to a parking page…

201806.15

Viking.com or the saga of a raid lost in advance

A UDRP decision rendered by WIPO arbitration center the 23rd of February 2018 saw the complaint of Aurelius RHO GTM Development Limited regarding viking.com, whose registrant was Office Depot Inc, being rejected and qualified as “Reverse Domain Name Hijacking” (RDNH). What is RDNH ? A company filing a UDRP complaint with deficient legal grounds with regards…

201806.11

New EUIPO Report Highlights Dangers of Online Counterfeits

A new report from the European Union Intellectual Property Office (EUIPO) has revealed that the internet and social media are increasingly being used to benefit counterfeiters in the EU as a result of advertising revenue. The report, released earlier this month, collated research carried out by the EUIPO’s EU Observatory in conjunction with the Organisation…

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;…

201805.29

ECTA’s 37th Annual Conference in Athens

An IP Twins team will be attending ECTA’s Annual Conference in Athens. We would be happy to see you, catch up and update you on developments and new services. Looking forward to seeing and greeting you there and then, Safe travels, and see you soon!

201805.15

France.com: Caution and Patience

The media has reported what is now known as France.com. Just as many are those who echoed the arguments of one of the protagonists. However, the case has not yet been decided as it is much more complex than it seems. The decision must be concluded with caution. The story of the France.com domain name…

201805.15

Brexit: Consequences on UK’s Eligibility for .EU Domains

The European Commission has announced the legal consequences of Brexit on the UK’s eligibility for the .EU Top Level Domains after the withdrawal date which is set for. 30 March 2019 (European Commission, Withdrawal of the United Kingdom and E.U. Rules on .EU Domain Names, 28 March 2018). The Commission recalled that, “Subject to any…

201805.15

Cybersquatting: an Extortion Attempt for 95,000 GBP!

The Clydesdale and Yorkshire Banking Group’s Forex branch had just filed its trademark application with the U.K. Intellectual Property Office for its CYBFX brand only later find out that the domain name <cybfx.co.uk> had already been registered by a cybersquatter. Upon further investigation, the bank discovered that the domain name was registered by an Eric…

201805.15

Slap on the Wrist for Canada Drugs after Importing $78M USD of Fake Cancer Drugs

Canadian online pharmacy, Canada Drugs, is looking at $34 million US in fines for the importation of counterfeit and unapproved cancer medicine and other illegal pharmaceuticals sold through their many online subsidiaries. According to US prosecutors, Canada Drugs has profited at least $78 million US via illegal imports originating from Canada and the rest of…

201805.15

DreamWorks Animation Wins a Cybersquatting Case Against a Trademark Troll

In the field of intellectual property, a troll is an individual or a company that produces nothing but shows enough audacity to initiate proceedings to have an infringement of its alleged rights recognized. In 2014, the Troll producer won a UDRP case concerning two domain names: orientaldreamworks.com and shanghaidreamworks.com (D2014-0171, Dreamworks Animation LLC v. Hongyun…