WHOIS and Enforcement: Data Accuracy Concerns, Natural/Legal Person, NIS2, SSAD, and Current Views on GDPR

Opportunities and Risks of UDRP, ACPA, PDDRP, Sunrise and Trademark Claims Services

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


Conducted on Tuesday, June 1, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide trademark counsel on recent developments on WHOIS heading into the next Internet Corporation for Assigned Names and Numbers (ICANN) meeting (ICANN71). The panel will also discuss the current policy issues driving changes to WHOIS and how data is accessed all with an eye on how it will affect efficient use of rights protection mechanisms, including the Uniform Domain Name Resolution Policy (UDRP). The panel will discuss recent cases as well as how the U.S.'s ACPA fits into the equation.

Description

ICANN has a set of RPMs intended to help brand owners protect consumers from confusion caused by the abuse of trademark rights in domain names. However, the efficacy of the RPMs has been adversely affected by the changes to the WHOIS system brought about by the implementation of GDPR. While the ICANN community scrambles to find workable solutions, there are even more legislative and policy changes on the horizon that could upend the new status quo.

Since the GDPR went into effect, UDRP filings have increased. Included in the increase in UDRP filings are those involving privacy/proxy service providers. The failure of proxy providers to comply with reveal requests poses a significant hurdle. It may be pushing IP owners to rely on the more expensive UDRP actions to protect their valuable IP assets.

Trademark owners and their counsel should remain vigilant, understand the opportunities and risks of different RPMs and privacy legislation, how to participate in the policy development process around WHOIS access, and how to defend their rights and make the most strategic decision when pursuing infringing domain names.

Listen as our authoritative panel of trademark and domain name law attorneys discusses the fast-moving area of domain name disputes, including how to avoid pitfalls and factors for determining the best dispute resolution mechanism for the facts at hand and taking into account privacy laws.

READ MORE

Outline

  1. ICANN developments: ICANN 64
  2. RPM
    1. UDRP
    2. URS
    3. ACPA
    4. TMCH
    5. PDDRP
  3. Recent decisions/proceedings
  4. Avoiding the pitfalls
  5. Determining which RPM to use

Benefits

The panel will review these and other key issues:

  • How has the domain name space evolved since the launch of the new gTLD program? What recent developments arose at the latest ICANN meeting?
  • What are the opportunities and risks of the URS? The UDRP? The ACPA? Sunrise? Claims Service?
  • What factors should counsel consider when determining how to address an infringing domain name?

Faculty

McGrady, Paul
Paul D. McGrady, Jr.

Partner
Taft Stettinius & Hollister

Mr. McGrady works with clients in the adoption, prosecution, licensing and enforcement of trademarks in the United...  |  Read More

King, Brian
Brian J. King
Head of Policy and Advocacy
Clarivate

Mr. King is a vocal advocate for internet and IP policy that protects the rights and promotes the interests of...  |  Read More

Payne, Susan
Susan Payne

Head of Legal Policy
Com Laude

Ms. Payne’s practice encompasses a wide variety of tasks, including consulting on various registry policies and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

Download