Zak Muscovitch Archives |
101 Domain

Zak Muscovitch

How Does Whois Data Help Your Business?


Andrew Allemann has written about the pending changes to the Whois records system. I also wrote about the changes to Whois that will be necessary for domain registrars to comply with GDPR.

Without a doubt, changes to the Whois system is going to cause major issues for anyone who buys domain names that are registered, especially domain name investors. Not only will it likely become much harder to get in touch with domain name owners to make a purchase inquiry, but it could become more difficult to track the provenance of a domain name. This could effectively make it more risky to buy a domain name from a third party.

From my perspective, drastic changes to the Whois system (more…) → Read More

ICA Issues Important Statement Following UDRP Decision


Zak Muscovitch, interim General Counsel of the Internet Commerce Association (ICA), took the rare step of issuing a statement on behalf of the ICA following a controversial UDRP decision that could impact future UDRP decisions should the same wrong approach be applied. You'll want to read the ICA's statement on CircleID urging UDRP panelists to follow the policy rather than seemingly set their own guidelines. The decision could be one cited by future complainants, and I am glad to see the ICA call it out.

For domain investors, the most concerning aspect of the decision can be found in the section discussing registration and use in bad faith. The decision states:

"Respondent’s apparent belief at the time it registered <> that someone, at some time in the future, might cultivate trademark rights in DEVEX which Respondent could then exploit obviates any requirement that to succeed under the UDRP the respondent must have contemplated a particular trademark holder and/or a particular trademark."

What this seems → Read More

Phil Corwin Leaves the ICA


The Internet Commerce Association (ICA) just emailed its membership to notify them that longtime ICA Counsel Phil Corwin is leaving the organization to pursue another opportunity. Taking his place as Counsel on an interim basis is intellectual property (and domain industry) attorney Zak Muscovitch.

Commenting on Phil’s departure, the ICA shared the following with its members (I received permission to publish this):

"While no one can replace Phil, we will look for new counsel with particular strengths in the priorities we see ahead of us in our second decade. We see the next 18-24 months as critical for the domain industry. In the policy arena there are ongoing initiatives that have the potential to dramatically impact our ability to protect our assets and conduct business. There are large, well-funded and determined players working to change domain intellectual property law in ways that could dramatically impact our community. The ICA has been working for months to develop a comprehensive long-term strategy to counter these → Read More

“Penis Doctor Loses UDRP, Reverse Hijacking Found over PSHOT.COM”


This headline, written on Twitter by domain industry attorney Zak Muscovitch, was too good to not share in its own blog post:

Zak's firm represented the owner of in a UDRP filing against a "penis doctor." The domain owner won the UDRP and Zak's defense obtained a Reverse Domain Name Hijacking (RDNH) finding.

Here's an excerpt of the decision regarding RDNH. The entire decision can be found in a pdf file on (more…) → Read More

RDNH Finding in UDRP


Nat Cohen's Telepathy won a UDRP that was filed against, a domain name the company registered in 1999. The three member panel also found that the complaint to be Reverse Domain Name Hijacking (RDNH). The UDRP was defended by domain attorney Zak Muscovitch of

There were several factors that contributed to the decision. Among the factors that stood out the most for me:

  • Telepathy registered several (keyword) domain names on the same day and at around the same time, showing that the company didn't target the complainant.

  • Telepathy owns a variety of generic domain names, such as this one, which are owned legitimately and without the purpose of infringing on the trademarks of other companies.

  • Complainant made an offer to buy the domain name

  • There were several purchase offers from a variety of companies, which showed that there are many entities that could use the domain name and that the complainant's brand wasn't targeted by the owner.

  • Complainant filed the UDRP 12 years after submitting → Read More

NamesCon Sponsor Spotlight: DN Attorney


zak-muscovitchNamesCon 2017 is less than a week away! In just a few days, domain industry professionals from throughout the world will be converging on the Tropicana Hotel in Las Vegas for this year's conference. The agenda is packed with interesting content, and tickets are still on sale for those who have waited for the final moments to make plans. NamesCon takes place from January 22-25, 2017.

This morning's NamesCon Sponsor Spotlight interview is with domain industry (and intellectual property)  lawyer Zak Muscovitch. These interviews introduce or reacquaint industry professionals with sponsors of this year's conference.

What is your company's mandate; what sets you apart?

I have been assisting domain name investors with domain name disputes and transactions since I was called to the bar in 1999. I recall that back in 1999, when I said that I practiced "Internet law" and handled "domain name disputes", I would be met with a lot of blank faces. Back then, the Internet was fairly "new" to the average person. It was also a very exciting → Read More

« Older Entries