Category: Domain Name Law

The introduction of hundreds of new generic top-level domains (gTLDs) under ICANN’s expansion program fundamentally reshaped the landscape of domain name protection and enforcement. With this expansion came a heightened concern from trademark owners about the cost and complexity of policing their marks across a vastly broader namespace. To address these concerns, ICANN introduced the…

The expansion of the domain name system through the introduction of new generic top-level domains (gTLDs) brought with it a host of rights protection mechanisms designed to safeguard trademark owners. Among the most important of these is the pre-release Sunrise Period, a structured window of time during which trademark holders have the exclusive opportunity to…

In the often contentious world of domain name disputes, coexistence agreements have emerged as a pragmatic tool for resolving conflicts while avoiding the uncertainty, expense, and reputational fallout of protracted litigation or administrative proceedings. These agreements are negotiated settlements in which two parties agree to specific terms that allow each to use a particular domain…

The intersection of trademark dilution law and the ownership of so-called premium domains presents one of the more complex and high-stakes areas of domain name jurisprudence. Premium domains, often defined as short, memorable, category-defining names with high commercial value, occupy a unique place in both digital marketing and legal disputes. These domains can command six…

Since its adoption in 1999, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) has become the dominant mechanism for resolving disputes over domain names alleged to infringe trademarks. Central to its framework is the requirement that a complainant prove the domain was registered and is being used in bad faith. This element, while deceptively simple in wording,…

The proliferation of pay-per-click (PPC) advertising in the domain name ecosystem has created a lucrative revenue stream for domain owners, parking companies, and advertising networks. However, it has also introduced significant legal risks, particularly in the form of contributory trademark infringement. Contributory infringement arises when a party knowingly induces or materially contributes to another’s infringing…

The first-sale doctrine, long established in trademark and copyright law, serves as a fundamental limitation on the rights of intellectual property owners. In the trademark context, it allows the lawful resale of genuine trademarked goods without the trademark owner’s consent, provided that the resale does not cause consumer confusion or otherwise impair the mark’s goodwill.…

Trademark law affords all registered marks a baseline level of protection, but famous and well-known marks occupy a special category that enjoys enhanced legal safeguards across many jurisdictions. This extra protection stems from the recognition that certain marks are so widely recognized by the public that their value and distinctiveness can be harmed even in…

The .gov top-level domain has long been the exclusive digital space for the United States government and its affiliated entities, serving as a signal of authenticity and authority in online communications. Recognizing the critical role .gov domains play in public trust and cybersecurity, Congress enacted the DOTGOV Online Trust in Government Act (“DOTGOV Act”), signed…

The administration of the .cn country-code top-level domain (ccTLD) falls under the authority of the China Internet Network Information Center (CNNIC), and its regulatory framework has evolved significantly over the past decade. One of the most consequential developments for both domestic and foreign registrants is the implementation of a mandatory real-name verification policy. This policy,…