Doug Isenberg Moderates 'The Great Debate Over Domain Name Disputes'

Attorney Doug Isenberg of The GigaLaw Firm moderated a program titled “The Great Debate Over Domain Name Disputes,” organized by the Canadian International Internet Dispute Resolution Centre (CIIDRC), on January 31, 2023.

The program, featuring three Canadian domain name panelists in addition to Doug, focused on important topics under the Uniform Domain Name Dispute Resolution Policy (UDRP) and the CIRA Domain Name Dispute Resolution Policy (CDRP) for dot-ca domain names. The participants discussed the following:

• To what extent a domain name registrant is responsible for the content on an associated website.

• Whether domain names consisting solely of dictionary terms or geographic names are appropriate for disputes.

• What impact, if any, a domain name registrant’s demand for money should have on the “bad faith” element of the UDRP and CDRP.

Doug Isenberg Speaks at 'IP & Ski' Event in Vail

Doug Isenberg spoke on “Developments in Domain Name Law” on January 6, 2023, at the annual “IP & Ski” continuing legal education (CLE) event in Vail, Colorado.

Doug’s presentation included updates on filing trends and data under the Uniform Domain Name Dispute Resolution Policy (UDRP) as well as highlights of important and interesting UDRP decisions from the previous year.

The CLE event featured numerous presentations about current issues in intellectual property law, including a report from the Commissioner for Trademarks at the United States Patent and Trademark Office.

'Best Law Firms' Recognizes GigaLaw for Technology Law

The GigaLaw Firm received national and regional tiered rankings for technology law in the 2023 edition of the "Best Law Firms" rankings from U.S. News & World Report and Best Lawyers.

"Best Law Firms" recognizes “the most elite firms across the nation, identified for their professional excellence with consistently positive feedback from clients and peers,” according to the publication.

“Achieving a tiered ranking in U.S. News – Best Lawyers ‘Best Law Firms’ signals a unique combination of quality law practice and breadth of legal expertise,” the publication also said.

The GigaLaw Firm’s founder, Doug Isenberg, was recognized in August in the 29th edition of The Best Lawyers in America for what the publication calls “high caliber work in Technology Law.”

Doug Isenberg Quoted in 'Managing IP' About Redacted Domain Name Dispute Decision

Doug Isenberg was quoted in an article in Managing IP on October 19, 2022, “Domain experts: anonymous UDRP case is unprecedented.”

The article discusses a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) in which the panel redacted both the name of the complainant as well as the domain name itself.

As the article says:

Doug Isenberg, founder of domain name specialist law firm GigaLaw in Atlanta, says that as far as he knows, this is the only UDRP decision ever published that has not identified the domain name. “It is certainly highly unusual and unprecedented.”

In addition:

Isenberg points to paragraph 4(j) of the UDRP policy, which states: “All decisions under this policy will be published in full over the internet, except when an administrative panel determines in an exceptional case to redact portions of its decision.”

He says: “I never would have imagined that an actual domain name in dispute would have been redacted from a UDRP decision. But as I often tell my clients, after handling cybersquatting cases for more than 25 years, nothing surprises me anymore.

“In this case, the panel is a very experienced domain name arbitrator. I trust that his decision to redact the actual domain name was not taken lightly, and was justified.”

And:

Isenberg says that in most cases, complainants want the disputed domain names to be published. Doing so deters other potential cybersquatters from targeting the same trademarks and helps inform the public that a trademark owner is not afraid to take action.

He adds: “I cannot fully decipher by reading the decision what privacy and safety concerns the complainant would have suffered had the domain name been published in the decision. It is difficult to know what actually occurred.

“On the one hand, that’s a shame, because the UDRP is a very transparent process, with most panellists going to great lengths to ensure decisions are well-reasoned and clear, which reinforces faith in the UDRP system itself.

“On the other hand, the facts in this case are clearly incredibly unusual.”

Doug Isenberg Attends Two Meetings of Domain Name Panelists

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Doug Isenberg attended the annual meeting of WIPO domain name panelists in Geneva on October 14, 2022; and a virtual meeting of panelists hosted by the Forum on October 6, 2022.

Nearly 120 domain name panelists from 26 countries attended the WIPO meeting, the first to be held since 2019, due to the an interruption caused by the COVID-19 pandemic.

The meetings provide an opportunity for education and networking among panelists who decide cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). As Doug has reported in GigaLaw’s Domain Dispute Digest, UDRP filings by trademark owners against cybersquatters are on track for a ninth-consecutive year of record increases.