ICA to Host Event With UDRP Panelist Georges Nahitchevansky

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The Internet Commerce Association (ICA) is hosting a member-only event that I think will be of interest to domain investors, myself included. Georges Nahitchevansky, an Intellectual Property Attorney at the Kilpatrick Townsend law firm. Notably, Mr. Nahitchevansky is also a UDRP panelist who has served on several notable UDRP cases, including the recent Picture.com decision.

The virtual ICA member event will be held on June 9, 2021 from 12:30 pm ET to 2:00 pm ET via Zoom. The format of this event will be a discussion with ICA General Counsel Zak Muscovitch, who has represented many clients in the defense of their domain names.

The UDRP is a tool that brand owners have to wrest control of domain names owned by third parties. Domain names owned by investors have been involved in many UDRP proceedings. While the vast majority of UDRP filings involve clear cases of infringement, the low bar to file a UDRP has made it possible for complainants to file abusive UDRPs for valuable domain name assets.

I think this is going to be an enlightening discussion, particularly because investors do not typically have an opportunity to hear from an attorney with Mr. Nahitchevansky’s expertise. I hope there will be an opportunity for domain investors to submit questions to Mr. Nahitchevansky. I appreciate that he is willing to participate in a session like this, and I am looking forward to attending.

About The Author: Elliot Silver is an Internet entrepreneur and publisher of DomainInvesting.com. Elliot is also the founder and President of Top Notch Domains, LLC, a company that has sold seven figures worth of domain names in the last five years. Please read the DomainInvesting.com Terms of Use page for additional information about the publisher, website comment policy, disclosures, and conflicts of interest.

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1 COMMENT

  1. There is no clear case of infringement, imo, unless a domain is used in an infringing way – and then the aggrieved party should simply have to file a trademark infringement suit just like every other trademark holder whose IP is infringed on has to do – to get the offending website changed, and for compensatory damages, but not for possession of the domain any more than someone who prints trademark-infringing material should be forced to turn over his printer.

    There never was any good reason for the UDRP domain-usurping process, it was a perhaps-corrupt giveaway to the over-eager trademark lobby and as long as domain investors believe it is sometimes justified we are shooting ourselves in the foot and keeping the domain marketplace from becoming secure and widely accepted, imo.

    It may take a long time to change the general consensus of public opinion but the journey of a thousand miles of course begins with one step. I too hope there will be an opportunity for domain investors to submit questions to Mr. Nahitchevansky.

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