Category: Domain Name Law

When it comes to resolving domain name disputes related to trademark infringement, two primary mechanisms exist within the ICANN framework: the Uniform Rapid Suspension System (URS) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Both are designed to provide rights holders with administrative pathways to challenge domain names registered in bad faith, but they…

Reverse domain name hijacking, or RDNH, is a legal and procedural abuse in which a trademark owner attempts to secure control of a domain name by falsely asserting cybersquatting claims under mechanisms such as the Uniform Domain Name Dispute Resolution Policy (UDRP). The tactic exploits the asymmetry of administrative proceedings, where complainants may use their…

When initiating a domain name dispute under the Uniform Domain Name Dispute Resolution Policy (UDRP), complainants must choose an approved dispute resolution provider to handle the proceeding. Two of the most prominent organizations offering this service are the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center and the National Arbitration Forum (NAF), now known…

The launch of new generic top-level domains (gTLDs) under ICANN’s New gTLD Program introduced a host of opportunities—and corresponding risks—for trademark owners in the digital space. To mitigate the potential for cybersquatting and abuse during the launch phases of new domains, ICANN implemented a series of rights protection mechanisms, the most significant of which are…

In the realm of domain name disputes, mediation remains an underutilized yet increasingly valuable tool for resolving conflicts efficiently, privately, and often without the expense and rigidity of formal litigation or administrative procedures. While most parties are familiar with the Uniform Domain Name Dispute Resolution Policy (UDRP) or national court actions as mechanisms to settle…

In the domain name ecosystem, the legal concept of secondary meaning plays a crucial and often underestimated role in determining the value of a domain, particularly when it intersects with trademark rights and commercial use. While the intuitive value of a domain may rest on factors like brevity, keyword popularity, or search engine optimization potential,…

Comparative advertising—the practice of referencing a competitor’s product, service, or brand to highlight the advantages of one’s own offering—is a long-standing and controversial marketing tactic. In the digital era, where domain names and landing pages serve as front doors to commercial engagement, the rules governing comparative advertising have extended into the domain space, raising complex…

Typosquatting, also known as URL hijacking, is a form of cybersquatting in which individuals register domain names that are intentional misspellings or slight variations of well-known brands or trademarks, with the aim of diverting web traffic for commercial gain, phishing, or reputational sabotage. As digital presence becomes an indispensable component of modern commerce, typosquatting poses…

The European Union’s Digital Services Act (DSA), which entered into force in November 2022 and became fully applicable to most online platforms by February 2024, represents one of the most ambitious regulatory frameworks ever enacted for digital services. Although much of the media attention has focused on how the DSA affects large social media networks…

The implementation of the European Union’s General Data Protection Regulation (GDPR) in May 2018 fundamentally reshaped the landscape of domain name transparency. One of its most immediate and far-reaching impacts was the redaction of personally identifiable information from public WHOIS databases. Prior to GDPR, WHOIS records typically included detailed information about domain registrants, including names,…