Spanning the Dot in Domain Name Disputes: The <nes.cafe> Case

Spanning the Dot in Domain Name Disputes: The &lt;nes.cafe&gt; Case

Nestle, the food and drink company, won a domain name dispute for nes.cafe, by relying on a seldom-used but important concept known as “spanning the dot.” Although the top-level domain is usually disregarded in cases under the Uniform Domain Name Dispute Resolution Policy (UDRP), the panel in this case said that "it may be appropriate to 'span the dot' and consider the TLD" because the disputed domain name nes.cafe -- "considered in its entirety" -- is confusingly similar to the NESCAFE trademark.

Email Address Disputes are *Not* Domain Name Disputes

Email Address Disputes are *Not* Domain Name Disputes

In a decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a trademark owner lost its case because the dispute was really about an email address that contained its trademark -- not a domain name. Although the panel recognized that the respondent was using the domain name in connection with what it called a "fraudulent enterprise," it said that the domain name "neither looks nor sounds like" the trademark.

Adding a Second Domain Name to an Ongoing UDRP Case

Adding a Second Domain Name to an Ongoing UDRP Case

In this decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), the Italian energy company Enel asked WIPO to add a second domain name to its case after the complaint was already filed. To address the issue, the panel issued a procedural order and then agreed to add the domain name, writing that doing so would "be fair and practical, and not prejudicial to the Respondent." The action made the UDRP case even more effective for Enel by avoiding the need to incur the additional time and expense of filing yet another complaint.

UDRP Decision Redacts Domain Name Due to Privacy, Safety Concerns

UDRP Decision Redacts Domain Name Due to Privacy, Safety Concerns

For the first time in 23 years of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP), a panel has redacted the actual domain name from a published decision. This means that when you read the decision, it's impossible to know what domain name was in dispute. The complainant requested redaction because of privacy and safety concerns related to what she called "obscene content on the website in question."

Domain Dispute Digest (Q3 2022): UDRP Complaints Continue to Surge

Domain Dispute Digest (Q3 2022): UDRP Complaints Continue to Surge

The newest issue of GigaLaw’s Domain Dispute Digest (for the third quarter of 2022) shows that trademark owners are continue to file a record number of complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP). I expect this trend to continue, which would result in a ninth-consecutive year of growth in cybersquatting and the largest number of domain name dispute complaints ever filed in a single year.