News / 14.09.2021

CONTENT WARNING: Please take care.  This article discusses child sexual abuse material. Before proceeding, it is recommended that you strongly consider whether this article is appropriate for you.   You may not be aware, but the link between encryption technologies and the proliferation of child sexual abuse material (CSAM) online is increasingly well established. The estimated volume of CSAM, and the number of related reports are growing exponentially.  In 2019, 69.1 million different images were reported to US companies alone. Facebook generated more than 90% of these reports. Research from the US National Center for Missing and Exploited Children highlights the extreme growth in the number of...

News / 27.07.2021

The COVID-19 pandemic has affected almost every aspect of our lives and that includes domain name arbitration. Without seeking to undermine the seriousness of the ways the COVID-19 pandemic has affected people, this post outlines a few of the ways domain name arbitration has been impacted in the face of the global pandemic. COVID-19 pandemic-related delays The COVID-19 pandemic has arisen as a reason for delays within UDRP proceedings, such as for late filing. Under UDRP Rule 10, Panels have the discretion to make decisions to ensure fairness between the parties - which may include allowing flexibility and time extensions in the case of...

News / 08.07.2021

This article was originally published on 19 June 2021 at domaintimes.info under the title 'A UDRP Panel or Court Proceedings?' The case of dmarcian, Inc. v. Martijn Groeneweg / dmarcian Europe BV (Claim Number: FA2102001933397) provides a very helpful example of the overlap between arbitration and the courts. While the decision is not unique, it nonetheless offers a good example of where Uniform Domain-Name Dispute-Resolution Policy (UDRP) panellists may dismiss a case because it is really a commercial dispute, i.e. one that is better for the courts to determine. The UDRP arbitration process is designed to have a limited scope in order to reduce time,...

News / 02.07.2021

This article was originally published on 5 August 2020 at domaintimes.info under the title 'Everything you need to know about Reverse Domain Name Hijacking'. Reverse Domain Name Hijacking (RDNH) occurs when a trademark holder uses the international Uniform Domain-Name Dispute-Resolution Policy (UDRP) to bully or harass the registrant of a domain name into transferring it. The hijacker usually has little to no legal basis for their claim, or provides weak evidence. Under Paragraph 15(e) of the UDRP Rules, the Panel has the discretion to declare a complaint to be an abuse of the proceeding “if after considering the submissions the Panel finds that the...