From the GigaLaw Blog:
Despite legitimate concerns over how the European Union's General Data Protection Regulation (GDPR) will impact domain name disputes, there is good (albeit perhaps obvious) news: Trademark owners will still be able to file complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP).
One way for a trademark owner to prove the "bad faith" element under the Uniform Domain Name Dispute Resolution Policy (UDRP) is to provide evidence that the domain name registrant has engaged in a "pattern of such conduct" -- a test that may be all but impossible to satisfy after implementation of the European Union's General Data Protection Regulation (GDPR).
The European Union's General Data Protection Regulation (GDPR) may make it impossible in some cases to identify the registrant of a particular domain name, or the registrant's contact information. This will have a tremendous impact on domain name disputes, including under the Uniform Domain Name Dispute Resolution Policy (UDRP).
Cybersquatters have added a new trick to their repertoire: adding "https" to a domain name itself to confuse Internet users into believing not only that a website is associated with someone else but also to convey the false impression that the website is secure.
According to records available from the Forum's website, the number of URS cases decided in 2017 dropped to only 148, down from 215 decisions in 2016. Not only is this a decrease of 31 percent, it is the least-active full year for URS decisions at the Forum since the policy went into effect in 2013.
The World Intellectual Property Organization (WIPO) has just released its annual report on cybersquatting, confirming my earlier post that a record number of domain name disputes were filed in 2017.
A "new gTLD" is a generic top-level domain that was approved by ICANN (the Internet Corporation for Assigned Names and Numbers) following an application process in 2012 to create alternatives to .com, .net, .org and other preexisting extensions. Interestingly, some of the new gTLDs are not -- despite what the name may indicate -- generic.
Obtaining an appropriate screenshot of a website associated with a domain name is an important task for anyone preparing for or filing a complaint. Including that screenshot as part of the complaint, typically as an annex or exhibit, is evidence that the panel will consider in reaching its decision.
About 16 cases involving domain names with the word "Bitcoin" have been filed as of this writing under the Uniform Domain Name Dispute Resolution Policy (UDRP). Each of the disputed domain names contains what appears to be a well-known trademark in addition to the word "Bitcoin."
While punycodes can serve a useful function by allowing internationalized domain names that contain characters appropriate for certain audiences, they can also be used for malicious purposes, such as deceptive domain names used for phishing-style attacks or other"malicious endeavors.