domains NFT Domain Name Squatters: ICANN Rules UDRP Applies to NFTs

[Lox]

On May 10, 2021, FORUM, the dispute resolution body for the Internet Corporation for Assigned Names and Numbers (ICANN), ruled on a case of first impression that ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) applies to so-called “cryptosquatters,” who attempt to turn trademarked domain names into NFTs. In the subject decision, Morgan Stanley brought a complaint for infringement of their domain “morganstanley.com” after alleged cryptosquatter Joseph Masci registered a similar domain name entitled “nftmorganstanley.com” with GoDaddy.com (e.g. domain registrar).

In its decision, FORUM ruled that the domain name consists only of “the Complainant's MORGAN STANLEY mark (which is registered, inter alia in the USA for financial services with first use recorded as 1935), the acronym ‘nft’ meaning [NFT] and the gTLD “.com”.” Under prior ICANN decisions, in particular Wiluna Holdings LLC v. Edna Sherman, FA 1652781 (FORUM Jan. 22, 2016), “[t]he addition of a generic term and a gTLD does not negate confusing similarity between a domain name and a trademark contained within it” and therefore, “the addition of a generic term and gTLD is insufficient to distinguish a disputed domain name from a mark under” the UDRP.

... ” Moreover, under the UDRP, Morgan Stanley sought and received a transfer of the domain name from the cryptosquatter.

read more (arentfox)

 

[NFTDom.com]

This article is a bit misleading and the author doesn’t seem to understand what NFTs are.

This person just registered a .com and added “NFT” as the prefix to an already trademarked name.

It would be the same as registering 123amazon.com and isn’t really related to NFTs themselves.

 

[Cryptotoda]

This article is a bit misleading and the author doesn’t seem to understand what NFTs are.

This person just registered a .com and added “NFT” as the prefix to an already trademarked name.

It would be the same as registering 123amazon.com and isn’t really related to NFTs themselves.

you are right..The said Domain name was not put to Sell as NFT. It is only the word NFT that was added as prefix to a Trademarked Name which falls under cybersquatting case.