Author name: fairwindsp

By Steve Levy In a January 4th entry, we mentioned a UDRP claim against the domain name mar-a-lago.com that was denied based on a law firm’s failure to submit critical evidence of prior trademark rights. There’s now been a second decision denying transfer of the domain name maralago.com and the same law firm represented the complainant, DTTM Operations LLC, which […]

By Josh Bourne I find that brand owners frequently underestimate the potency and impact of typosquatted domains relative to other infringements and overlook them, focusing their enforcement efforts elsewhere.  I believe that this is a mistake.  Typosquatting is worse today than ever before, as festering examples still linger in the hands of criminals who use

By Steve Levy If you walk into a car dealership and ask the sales person to “please fix my backyard faucet” you’re going to get a very confused look in response. Sure, maybe you use your home’s plumbing, by way of a garden hose, to wash and wax your car, but that’s not something that

By Steve Levy One of the many benefits that FairWinds brings to its clients is advising them to put their valuable domain names on auto-renew and registrar lock. This seems quite obvious to brand owners who are familiar with this quirky and niche field but apparently it’s not to so many other companies. A recent

By Steve Levy In 1985 Donald Trump purchased the Mar-a-Lago estate in Florida and, in 1995, developed it into a resort which includes a golf course, beach club, spa, guest suites, dining, boutique, and catered events for members and guests. The Club is advertised in print and online at www.maralagoclub.com. In March of 1997, a Florida

By Steve Levy As the calendar flips over to a New Year, there’s glitter, candle wax, and Polaroids on the floor. As I’m cleaning up bottles, it’s only natural that my thoughts turn to the past year of domain name disputes and where things are headed in this mercurial relationship between domain names and trademarks.

By Steve Levy One element of par. 4(a)(i) of the UDRP requires proof that a complainant own trademark rights that relate to the disputed domain name. This proof usually takes the form of one or more trademark registration certificates that the complainant submits into evidence as part of its UDRP complaint. But what happens when

By Steve Levy A recent decision raises two very timely and critical issues. First is whether the case is being decided based on all of the available evidence, including how far a panelist itself is expected to go to find information that has not been submitted by the parties. The second is why there’s such

By Steve Levy A frequent defense made by domain name owners is that they’re not responsible for the pay-per-click (monetized advertising) links on their website since it’s the registrar or the hosting provider whose algorithms decide what links go on the page. Spoiler alert – they are responsible. In a recent case involving the domain

An increasing proportion of major brands experience trademark infringement year-over-year1. As of 2020, 85% of brands saw infringement1 with a large proportion occurring online through various strategies, including counterfeit product sales, use of trademarks in domain names and social media handles, or impersonation of a brand owner. With the continuous increase of online infringement, it is