Homonymous Trademarks and Domain Names

Two trademarks may lawfully share the same sign without ever colliding: speciality and territoriality organise their coexistence. Domain names know no such subtlety — within an extension, a name belongs to one holder only. Through the example of two companies “A” (bicycles) and “A′” (software), the article shows that homonym disputes should not be decided on an abstract comparison of signs but on targeting, context and economic function: points to the software company, to the manufacturer, decides nothing by itself. Crypto-domains, which lack speciality, territoriality and dispute mechanisms, and blocking tools like GlobalBlock, whose perimeters can lock out legitimate homonyms, aggravate the structural imbalance of first come, first served. Hence the proposals: coexistence agreements addressing domain names expressly (sectoral carve-outs, consultation on new extensions), differentiated blocking perimeters, and pooled surveillance limited to manifest cybersquatting — the Apple Corps v Apple Computer saga showing how boundaries blur.

COSHIELD: The Scope of the UDRP in Trademark Disputes

Not every dispute involving a trade mark and a domain name amounts to cybersquatting. In Polyco Healthline Limited v. David Beatson (WIPO Case No. D2026-1893), the panelist denied the complaint brought against coshield.com, a domain used since 2020 to sell personal protective equipment in the very sector where the complainant has exploited its SHIELD trade mark since 1997, and despite a settlement agreement concluded between the parties in 2021. The decision turns on the moment of acquisition: created in 2014, the domain name appears to have changed hands in May 2020, at the outset of the COVID-19 pandemic, and the combination of “Co” and “Shield” could describe the business rather than target Polyco. The evidence being “finely balanced”, bad faith was not established. This article examines why trade mark infringement and cybersquatting are two paths that do not necessarily converge.

23 August 2026
Initially published on iptwins.com

Football Clubs and Cybersquatting: When a Domain Name Becomes the Infrastructure of Abuse

Football clubs have become prime targets for cybersquatters, but abusive domain names are no longer used merely to divert web traffic or exploit a club's reputation. Increasingly, they form part of a broader criminal infrastructure supporting phishing campaigns, counterfeit merchandise, fake ticket sales, fraudulent streaming platforms, cryptocurrency scams and other forms of online fraud. Drawing on an analysis of more than one hundred UDRP decisions involving football clubs from around the world, this article identifies the principal patterns of abuse, the domain name strategies adopted by cybersquatters, and the legal reasoning developed by UDRP panels. It highlights how attackers exploit supporters' trust by combining famous club names with terms relating to tickets, official stores, memberships, academies, streaming services or digital assets. Beyond the case law, the article argues that domain names have become a critical component of cybercrime ecosystems. It therefore examines the practical implications for brand owners and rights holders, emphasizing the importance of proactive domain name strategies, continuous monitoring and rapid enforcement mechanisms. The article concludes with practical recommendations to help football clubs and other rights holders strengthen their online brand protection in an increasingly complex digital environment.

19 July 2026
Initially published on iptwins.com

Rush and Distribution: A Sector Map of the 2026 Reveal Day

On 7 October 2026, ICANN published the applications filed in the first new gTLD round since 2012: 1,614 primary applications for 986 distinct strings, submitted by 480 entities. That is fewer than in 2012 (1,930 applications for 1,409 strings), with evaluation fees now at USD 227,000, but the round is more contested: 55% of applications face a competitor, against 39% in 2012. Assigning each string to a sector reveals a demand driven by digital technology. Artificial intelligence is the most fiercely disputed sector, with .AGENT drawing thirteen applicants, and the leading AI companies have secured their own names. Brands have responded with restraint: 333 .BRAND applications, one in five, only nine of them French. Geographic names, so prominent in 2012, have almost disappeared, while niches such as health and the professions are emerging, including a community application for .AVOCAT. For trademark owners, the priority is to screen the list before the objection period opens on 17 November 2026.

9 October 2026
Initially published on iptwins.com

DNS Abuse: How Can Domain Names Linked to the Same Actor Be Connected?

On 18 August 2026, ICANN published for public comment the Initial Report of its DNS Abuse Mitigation Policy Development Process (PDP 1). Among its proposals are Associated Domain Checks: when a registrar acts on an abuse report, it should also examine the other domain names held by the same customer. In its comments of 25 September 2026, the WIPO Arbitration and Mediation Center supports the approach but points out its main limitation: the checks stop at the edge of a single registrar's portfolio. Bad actors know this and spread their registrations across several registrars, which hampers consolidated UDRP proceedings. WIPO suggests exploring cross-registrar mechanisms without saying which data could link the names. The article argues that payment data, pseudonymised, could serve as that common denominator, while acknowledging its limits (prepaid cards, fraud, multiple payment methods): an indicator rather than proof. It marks a shift from a one-domain, one-investigation logic to a network approach.

28 September 2026
Initially published on iptwins.com

Article Information

Author

Emmanuel Gillet

Publication Date

9 January 2026

Jurisdiction

Industry

Related Decision(s)

[2006] EWHC 996 (Ch)High Court of Justice (England and Wales)Apple Corps Ltd v Apple Computer Inc
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