Meet the Author of the UDRP's 'Passive Holding' Doctrine: Prof. Andrew Christie

Meet the Author of the UDRP's 'Passive Holding' Doctrine: Prof. Andrew Christie

I recently interviewed my fellow UDRP panelist Professor Andrew Christie, chair of intellectual property at Melbourne Law School. He created the “passive holding” doctrine in only the second decision ever published under the UDRP, in 2000. The case, Telstra v. Nuclear Marshmallows, is truly a landmark decision because it addressed how a domain name not associated with an active website could be considered that it “is being used in bad faith,” as the UDRP requires.

Three Lesser-Known Reasons Behind the Ongoing Growth in Domain Name Disputes

Three Lesser-Known Reasons Behind the Ongoing Growth in Domain Name Disputes

The year 2024 began just like the past 10 years have ended: with a record-setting number of domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP). The newest issue (Q1 2024) of GigaLaw’s Domain Dispute Digest provides detailed data about the ongoing increase in UDRP cases, including a 27.52 percent spike in the number of disputed domain names.

'Largely Unintelligible' UDRP Complaints

'Largely Unintelligible' UDRP Complaints

Drafting a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) may seem like a simple process – but it's not. In this video, Doug Isenberg discusses two cases lost by trademark owners where the panels referred to "poorly prepared submissions" that were "so sparse as to be largely unintelligible" and where a complainant "failed to offer arguments or evidence to support any of its contentions."

Hyphens in Domain Disputes: <l-e-g-o.com> and more

Hyphens in Domain Disputes: &lt;l-e-g-o.com&gt; and more

When it comes to resolving disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), hyphens usually don't matter. For example, UDRP panels have found the domain names l-e-g-o.com, facebook-verifications.com, and bmw---deutschland.info were all confusingly similar to the obvious trademarks. Trademark owners should be aware of how cybersquatters use hyphens in online scams.