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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, June 1, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

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.

Faculty

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 Clarivate and its customers. He has spent the last twelve years in a variety of legal and business leadership roles with domain name registrars and IP protection companies. He is currently serving a term on the International Trademark Association (INTA) Data Protection Committee, having previously served on INTA’s Internet Committee, and is active with ICANN’s IP Constituency. He is Vice Chair of the American Bar Association IP Section’s Trademarks and the Internet Committee.

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Paul D. McGrady
Miscellaneous
Susan Payne
Head of Legal Policy
Com Laude, Ltd

Ms. Payne’s practice encompasses a wide variety of tasks, including consulting on various registry policies and agreements; dealing with application conflict management on behalf of clients; and engaging in ICANN policy development, such as participating in working groups, submitting public comments and corresponding with the ICANN Board. She is one of the honorary legal advisors to the Brand Registry Group (BRG) and is a past subcommittee chair of INTA’s internet committee, dealing with new gTLD matters. Ms. Payne is the former Head of Brand Protection at BBC Worldwide.

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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.

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?