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…

202003.26

Covid-19: when counterfeiting speculates on the pandemic, panic, and scarcity

The Covid-19 pandemic, which has been raging since the end of December, has aroused among the most unworthy of us inclinations of immorality and inhumanity. Pandemic, panic, and shortage form a bitter cocktail capable of overwhelming the lucidity of the most cautious. Ruthless greed swindlers speculate on the vulnerabilities of a weakened global society to…

202003.18

Whois and GDPR: the US response is underway

The entry into force of the general data protection regulation (GDPR) (eur-lex.europa.eu) on May 25, 2018, caused an earthquake by imposing the silence of most of domain name databases. Since then, Whois records speak only “under duress”. The Internet Corporation for Assigned Names and Numbers (ICANN) resisted as long and as much as it could, but had…

202003.17

Online counterfeiting and consumer safety: commentary on the March 4, 2020 hearings before the U.S. House of Representatives

On March 4, 2020, several members of the Consumer Protection and Trade subcommittee (energycommere.house.gov/subcommittees) — a branch of the Energy and Trade Commission of the House of Representatives of the United States (energycommerce.house.gov) —, held a hearing devoted to the safety of products made available to the public on online market platforms. The debates were mainly chaired by…

202003.12

Cybersquatting: Facebook sues Namecheap and Whoisguard

Facebook is suing the Namecheap domain name registrar and the Whoisguard proxy service in an Arizona court. Facebook accuses the two companies of having registered no less than 45 domain names that infringe the Facebook group brands. Facebook provides some examples of the presumed abusive domain names: instagrambusinesshelp.com, facebo0k-login.com and whatsappdownload.site. . Facebook states that…

202003.10

French Court of Audit on counterfeiting: towards an enhanced obligation of vigilance for e-commerce platforms

On October 31, 2018, the President of the French Parliament had entrusted the French Court of Audit (Cour des comptes) with carrying out an investigation relating to “the fight against counterfeiting”  (Lettre du Président de l’Assemblée Nationale au Premier président de la Cour des comptes, du 31 octobre 2018, Cour des comptes, La lutte contre les contrefaçons….

202003.04

UDRP on ihatedell.com: a transfer decision unrelated to freedom of expression

Following a procedure administered by the National Arbitration Forum, the domain name ihatedell.com was transferred to the complainant, Dell Inc. Contrary to what one might imagine, the decision is unrelated to freedom of expression. First, the ihatedell.com site had nothing to do with any criticism of Dell, Inc., or its products since it was related…