LEGAL MARK InsightsTrademark practice, brand protection and international business.

Perspectives from Liangma Legalmark Trademark Team on trademark strategy, registration, portfolio management, disputes and international expansion, grounded in specific business questions.

Practical trademark and brand questions, considered by Liangma Legalmark Trademark Team.

4 articles
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Disputes and protection

A brand domain was cybersquatted and used in phishing emails impersonating the company: how can an overseas-expanding enterprise recover the domain through UDRP?

Using the domain dispute decision in WIPO as an example, this explains how, when an overseas domain fully incorporates an enterprise's trademark and is used to impersonate the company in payment fraud, the UDRP procedure examines the three elements of confusing similarity, legitimate rights or interests, and bad faith; what evidence an enterprise should secure in advance, which procedural milestones to watch, and what enforcement matters beyond domain transfer still need to be handled separately.

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Disputes and protection

When a brand domain is cybersquatted through a near-miss spelling and advertising links are posted on it, can an overseas-expanding company get it back through UDRP?

Using a domain name dispute decision in WIPO as a sample, explain why a letter-transposition near-miss domain was found confusingly similar, how the burden of proof shifts when there is no response, how bad-faith use is reflected in a page of advertising links, and set out the materials Chinese overseas-expanding companies should check and prepare before filing a UDRP.

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Disputes and protection

When an overseas trademark is cybersquatted as a similar domain name and a counterfeit website is set up, on what basis can the brand owner get the domain name back?

Using an WIPO domain name dispute decision as a sample, explain the three elements a brand owner must prove to claim transfer of a domain name in the situation of a similar domain name hosting a counterfeit website, the role of trademark registration and use evidence, the impact of the respondent's failure to respond and the domain name being deactivated on the findings, and the materials that outbound enterprises should first preserve when they discover a similar situation.

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Disputes and protection

Brand domain cybersquatted but no website built: how should Chinese companies expanding overseas decide whether to initiate UDRP proceedings?

WIPO一起UDRP裁决显示,争议域名未指向活跃网站、但配置邮件服务且注册信息冒用品牌方身份时,专家组仍可认定恶意注册与恶意使用并裁定转移域名。本文面向在海外使用品牌的中国企业,梳理发现近似域名后应先核对的权利基础、事实证据与主体信息,帮助判断是否值得启动域名争议程序以及启动前需要准备什么。

Liangma Legalmark Trademark Team EditorialRead article ↗
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