Ff14-2ch.info

Hi. Unfortunately my domain name has been suspended for 2 weeks. When I open it in the browser, the following appears : This Domain Name is ...
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TwinLakes.com UDRP : Estoppel a plausible domain defense

The domain TwinLakes.com was hit by a UDRP, 12 years after its registration date in 2005. The Complainant, Twin Lakes Telephone Cooperative Corporation, is in possession of the registered mark WIN LAKES COMMUNICATIONS. According to the Complainant, Respondent offered to sell the domain name for $50,000, an amount in excess of the typical out-of-pocket costs […]

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12 Tools To Improve Your Blogging, LinkedIn & Lead Generation; Best Days and Times to Send Email

The Frager Factor The Frager Factor: Can moving to a new TLD boost search rankings? Kim DotCOM: Inside the Mansion–and Mind–of the Net’s Most Wanted Man; Google Plans to Kill 'Last Click Attribution’; Nary a day passes in which Amazon isn’t accused of ruthlessly crushing small businesses and local economies; Why Is Cybersecurity So Hard? Frontier Car Group lands $22M to disrupt emerging markets car sales; Tech’s ‘Four Horsemen’

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WIPO’s UDRP ‘Overview’ Gets Bigger (and Better)

CircleID CircleID: Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP).

WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions” — commonly referred to as "WIPO Jurisprudential Overview 3.0." The document addresses some of the most common, important and difficult issues that frequently arise in UDRP cases.

WIPO Overview 3.0 is the first update to this document in six years — a time period in which a lot of changes have come to the domain name system, including the arrival of more than 1,200 new generic top-level domains (gTLDs) and a new domain name dispute policy (the Uniform Rapid Suspension System, or URS).

"Following a review of thousands of WIPO panel decisions issued since WIPO Overview 2.0, this edition has been updated to now include express references to over 800 representative decisions (formerly 380) from over 250 (formerly 180) WIPO panelists," according to an introduction to WIPO Overview 3.0. "The number of cases managed by the WIPO Center has nearly doubled since its publication of WIPO Overview 2.0; as a result, the number of issues covered in this WIPO Jurisprudential Overview 3.0 has significantly increased to reflect a range of incremental DNS and UDRP case evolutions."

New and Expanded Topics

New or expanded topics addressed in WIPO Overview 3.0 include the following:

The relevance of a top-level domain name – a topic I have written about before. The Overview says: "Where the applicable TLD and the second-level portion of the domain name in combination contain the relevant trademark, panels may consider the domain name in its entirety for purposes of assessing confusing similarity (e.g., for a hypothetical TLD '.mark' and a mark 'TRADEMARK', the domain name <trade.mark> would be confusingly similar for UDRP standing purposes)."
The relationship between the UDRP and the URS – another topic I have written about before. Citing a decision in which I successfully represented a trademark owner in both a URS and a UDRP proceeding, the Overview says, "There have… been UDRP proceedings filed where the same domain name was previously subject to a URS case. In such event, the UDRP complaint should make this clear."
WIPO's role in implementing a UDRP decision — an issue that occasionally arises when a registrar fails to transfer a domain name despite a UDRP order to do so. In my experience, this is often attributable to ignorance, not defiance, but in either case enlisting WIPO's assistance can be helpful. Although the Overview makes clear that WIPO's role "normally ends upon notification of a panel decision to the parties and registrar," it also says that parties may "raise such implementation matters to the WIPO Center's attention."
The Role of the Overview

In any event, WIPO Overview 3.0 should be helpful to any party filing or defending a UDRP complaint. Not only does the document explain the consensus view on many issues, it also provides numerous citations to relevant decisions, which can provide a useful resource for additional research.

Still, as the Overview itself makes clear, not all UDRP issues are entirely settled, and (as in all legal proceedings) the facts of each case will be important.

As the Overview states, the document "cannot serve as a substitution for each party's obligation to argue and establish their particular case under the UDRP, and it remains the responsibility of each party to make its own independent assessment of prior decisions relevant to its case."

Therefore, parties would be wise to consult the newly expanded and even more helpful Overview — but, they still must conduct appropriate research and analysis to prepare and present the strongest possible arguments in a UDRP case.
Written by Doug Isenberg, Attorney & Founder of The GigaLaw FirmFollow CircleID on TwitterMore under: Domain Names, Top-Level Domains, UDRP

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