Trademarks and Brands

Corsearch Acquires Yellow Brand Protection

by T+B BLOG TEAM on Wednesday, 14 November, 2018

After 70 years as an industry leader in brand establishment and protection for trademark and brand professionals, Corsearch reached yet another milestone this week with its acquisition of Yellow. Press Release

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Topics: trademarks, Corsearch, brands, branding, domain infringement, Brand protection, counterfeits, trademark, domain management, trademark clearance, intellectual property

Highlights of the Verisign Domain Name Industry Brief Q1 2018

by T+B BLOG TEAM on Wednesday, 11 July, 2018

US-based domain name and internet security company Verisign released its Q1 2018 report, "The Domain Name Industry Brief," which highlights trends in domain name registrations and includes key performance indicators.

Overall,domain name registrations are growing by approximately 3.2 million, or 1%, year over year. Check out these other interesting stats from the Q1 report:

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Topics: domains, domain management

The World of Emoji and Emoticons: From Design Origins to Recent Trends

by T+B BLOG TEAM on Tuesday, 5 June, 2018

Although emoji and emoticons are ubiquitous today, back in the 1990s, what later became a "craze" started with just one simple heart — <3 — thanks to Japanese telecom company NTT DoCoMo. Users of DoCoMo's pagers could send a <3 at the end of messages, until the company put a stop to it for a now unknown reason. DoCoMo officially brought back a new version of the heart in 1999, along with 175 more icons, and voilà emoji!

Emoticons are differentiated from emojis in that they are markings of facial emotions. In some instances, there has been a greater breath of protection for emoticons because emojis can often be found to be non-distinctive images of basic things or public domain symbols. There is a high threshold to find distinctiveness in either marking and depending upon where you attempt to register these symbols the outcome will vary. In the United States, the USPTO has been more flexible about finding an adequate level of distinctiveness, but in the EU the success rate of registration has been low.

The word "emoji" derives from the Japanese “e” (絵文字: 絵which means picture, and “moji” (文字which means character. Thanks to Fast Company's Co. Design for featuring a slew of interesting details about the design history of the original 176 emoji from a new book and accompanying keyboard app called 'Emoji,' published by Standards Manual in the fascinating article, "The Untold Design Story Of The Original Emoji."

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Topics: trademark, domain management, intellectual property

French Ex-Pat Who Lost Rights to Files Lawsuit

by T+B BLOG TEAM on Friday, 18 May, 2018

In an attempt to get the rights to the domain back, Jean-Noël Frydman is suing the French Republic, Atout France (a government tourism agency), the French Ministry of Foreign Affairs, the French Minister for Europe and Foreign Affairs, and VeriSign. Frydman's lawsuit accuses France of cybersquatting and "reverse domain-name hijacking," and more.

French-born Frydman claims the French Ministry of Foreign Affairs illegally seized the domain that had been under his ownership since he purchased it from Network Solutions, LLC in 1994. He says he set up the website in 1995 as a "digital kiosk" about France and "included information about French culture, the Francophile community and a small section on tourism to France."

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Topics: domains, domain management

GDPR and WHOIS: What Will Happen to Key Information as of May 25—Likely Blackout Period and Corsearch Solutions

by Diane Plaut and Brian Conchuratt on Tuesday, 10 April, 2018

The implementation of the General Data Protection Regulation (“GDPR”) and its potential impact on right holders’ access to full WHOIS data has been a very topical issue for our clients. We have been carefully monitoring the discussion and proposals surrounding this issue, from a company perspective and as part of ICANN’s Intellectual Property Constituency, the IAPP recent Global Privacy Summit, INTA, and from listening, as always, to our clients. The requirements and interpretation of the GDPR and the ability to continue to access full, publicly available information through the WHOIS system is under review by ICANN. At the recent ICANN 61 meeting in San Juan, it became clear that a resolution to this issue will not be imminent.

The need and right to access and use this information for legitimate interests by intellectual property and trademark owners in enforcing rights against third-party alleged infringers of trademarks and content or in relation to bad faith domain registration, is the essential issue to us. ICANN published an Interim Compliance Model and a “Cookbook” to arrive at possible solutions to the WHOIS access issues. Nonetheless, there is substantial conflict amongst interest groups and gaps in the ICANN Interim Model regarding key elements including, layered/tiered access and the establishment of an accreditation program (with a lack of agreement on the enforcement body and process for the proposed, author-supported, accreditation program). Due to this present conflict in resolution drivers, there will likely be a blackout period, which is due to subsist for six months or more, with the possibility that the accreditation program will not be in place until Q1 2019.

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Topics: domain management


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