Doug Isenberg

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Thoughts About the Proposed Copyright Alternative Dispute Resolution Policy

Thoughts About the Proposed Copyright Alternative Dispute Resolution Policy

A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement — but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA’s “Healthy Domains Initiative” (HDI). It is designed to: construct a voluntary framework for copyright infringement disputes, so copyright holders could use a more efficient and cost-effective system for clear cases of copyright abuse other than going to court and registries and registrars are not forced to... read more

How to Suspend a .us Domain Name

Although rarely used, the usTLD Rapid Suspension Dispute Policy (usRS) allows a trademark owner to seek the suspension of a domain name in the .us country-code top-level domain (ccTLD). The usRS has many things in common with the Uniform Rapid Suspension System (URS), which applies to domain names in the new generic top-level domains (gTLD). Among other things: Both policies are administered by the Forum. Both policies have filing fees that start at only $375. Both policies have strict, 500-word limits on complaints. Both policies have awkward mechanisms for addressing defaults and appealing decisions. Both policies require a... read more

When a ‘Response Fee’ is Required in a URS Case

Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called “Response Fee” is only required in URS cases that include 15 or more disputed domain names. Specifically, paragraph 2.2 of the URS states: Complaints listing fifteen (15) or more disputed domain names registered by the same registrant will be subject to a Response Fee which will be refundable to the prevailing party. Under... read more

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

Yet another UDRP decision has found the top-level domain name relevant for purposes of confusing similarity. In the case, filed by Michelin, the panel found the domain name <tyre.plus> confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: If one ignores the “dot” between the Second-Level Domain (“tyre”) and the Top-Level Domain (“plus”), the mark and the Domain Name are identical. In most cases under the Policy, the Top-Level Domain (“TLD”) is ignored when considering confusing similarity. In recent years, however, and particularly with the emergence of numerous new TLDs, panels in certain circumstances have deemed it appropriate to... read more

‘A whiz on all things to do with Internet law and domain names’

That’s what the World Trademark Review said about Doug Isenberg, founder of The GigaLaw Firm.

An attorney, entrepreneur, author, professor and domain name arbitrator, Doug helps companies of all sizes protect their brands on the Internet.

Learn more about Doug Isenberg

Reclaim Your Domain; Retake Your Territory

The GigaLaw Firm uses a variety of legal tools to protect its clients against cybersquatters, infringers and other bad actors on the Internet:

Domain Name Disputes

Has someone else registered a domain name that is identical or confusingly similar to your trademark? Read more…

Copyright Infringement

Is someone copying text, images, music or software from your website? Read more…

Domain Name Transactions

Have you launched a new business or added a brand to an existing business? Read more…

Contracts and licenses

Are you creating or growing your Internet presence? Read more…