UDRP, URS, ACPA and Beyond: Domain Name Enforcement, Brand Protection Strategies, Recent Decisions

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Wednesday, July 15, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide counsel on the relative advantages and disadvantages of the Uniform Domain Name Resolution Policy (UDRP), the Uniform Rapid Suspension (URS) system, and the Anticybersquatting Consumer Protection Act (ACPA). The panel will examine the considerations in determining which action should be pursued under different scenarios when challenging infringing domain names and offer strategies to navigate the options.

Description

Trademark owners and their counsel must understand the benefits and limitations of the UDRP, URS system, and the ACPA to ensure that they are adequately protecting their trademarks in the evolving domain name space. As the domain name space expands, enforcement efforts against infringing domain names are essential. The URDP has become an important weapon for brand owners, but there are times, albeit relatively rare given the cost, when a domain name infringement may warrant a federal suit under the ACPA.

Evaluating the effectiveness of the URS proceeding, introduced in connection with ICANN's new gTLD program, involves consideration of cost-effectiveness and unique outcomes. Among the advantages of the URS are quicker adjudication and lower cost. However, the URS has disadvantages that should be carefully considered, including the lack of a transfer remedy. Overall, the URS has not been widely used, and we will examine why that is the case and whether this reality may change going forward.

Listen as our authoritative panel of trademark attorneys guides trademark counsel on the advantages and disadvantages of various rights protection mechanisms and strategies, including the URS, UDRP, and ACPA. The panel will examine the considerations in determining how to develop and implement a successful domain name enforcement strategy, how to select the best dispute resolution mechanism, and how to manage a domain name portfolio as new gTLDs continue to be added to the domain name landscape.

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Outline

  1. URS vs. UDRP vs. ACPA
    1. Pros and cons of using them
    2. When it makes sense to use each
  2. Recent court decisions/proceedings
  3. Strategies for navigating the dispute resolution mechanisms and potential court action

Benefits

The panel will review these and other crucial issues:

  • How has the domain name space evolved since the launch of the gTLD program? How do these changes impact overall enforcement concerns at the present time?
  • What are the relative advantages and disadvantages of the URS? The UDRP? The ACPA?
  • What factors should counsel consider when determining how to address an infringing domain name?
  • What strategies should counsel employ to successfully navigate the UDRP, URS, ACPA and other means of achieving a satisfactory resolution of a domain name dispute?

Faculty

Jennings, Jonathan
Jonathan S. Jennings

Partner
Pattishall McAuliffe Newbury Hilliard & Geraldson

Mr. Jennings protects brands, copyrighted works and domain names throughout the world. As part of his practice, he...  |  Read More

Winterfeldt, Brian
Brian J. Winterfeldt

Principal
Winterfeldt IP Group

Mr. Winterfeldt advises clients on the creation of global trademark and branding strategies. He also develops programs...  |  Read More

Zecchini, Paula
Paula L. Zecchini

Shareholder
Cozen O'Connor

Ms. Zecchini focuses her multistate practice on complex commercial and intellectual property litigation, with an...  |  Read More

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