Monday, April 19, 2010

Czech Arbitration Court Issues First Class Complaint Decision

The Czech Arbitration Court recently issued what appears to be the first UDRP decision that involves a domain name dispute that takes advantage of the CAC's option for multiple complainants to file a single complaint against a single domain name registrant. The case, Enterprise Holdings, Inc. & Vanguard Trademark Holdings USA, LLC v. Errol Santos, CAC 100143 (Mar. 3, 2010), resulted from Santos' registration of the and domain names on November 25, 2009. According to the decision, the "disputed domain names respectively resolve to pages with headings 'Enterprise Discount Codes' with the ENTERPRISE logo and 'ALAMO Discount Code with the ALAMO logo" and further divert Internet users to websites that offer rental car services, including both the car rental services of the complainants', as well as the car rental services of the complainants' direct competitors, which evidenced bad faith registration and use of the disputed domain names.

The CAC is the only domain name dispute provider that allows for the filing of class complaints, so trademark owners should at least be aware of this option in the albeit unlikely event that a similar factual scenario should arise.

Tuesday, April 13, 2010

Revised ICANN UDRP Rules Should Result in Cheaper Filings

As of March 1st, ICANN's revised UDRP Rules no longer require hard copy filings, meaning that Complaints and Responses, including Annexes, may now only be filed electronically. While the environmental results of such a change should prove significant, the cost savings are also likely to prove substantial by reducing copying and shipping charges, particularly for those brand owners who face persistent cybersquatting.

Monday, April 12, 2010

Trademark Owners Should Plan Now for the Introduction and Implementation of New TLDs

Minds & Machines has posted a visually appealing projection of the likely ICANN time line for the introduction and implementation of new top-level domains. While delays are likely, and perhaps inevitable, trademark owners should be aware that applications for new TLDs may be expected in April of next year, with implementation of new TLDs projected for the beginning of 2012. Trademark owners must be aware of these projected deadlines and plan accordingly.