Jonathan Matkowsky

Threat-intel-backed investigation and domain takeover proceedings

Decades of experience spanning internationally recognized law firms, in-house legal teams, and elite cyber threat-intelligence teams.

I bring that experience together to investigate and disrupt malicious infrastructure, use legal process to pursue attribution, and where appropriate, make criminal referrals aimed at stopping threat actors from targeting or retargeting your organization.

Let’s explore together what makes practical sense for your organization.

When is a domain name confusingly similar to a trademark under the UDRP?

The UDRP’s first element is primarily a standing test: the panel compares the complainant’s mark with the disputed domain to determine whether the mark is recognizable in the domain. The analysis is narrower than a full trademark-infringement likelihood-of-confusion test.

Obvious misspellings and other typosquatting variations commonly satisfy the test, and the top-level domain such as “.com” is ordinarily disregarded. Adding other words or characters usually does not avoid confusing similarity when the mark remains recognizable.

The first-element analysis should stay separate from the later questions of whether the respondent has rights or legitimate interests and whether the domain was registered and used in bad faith.

Sources: WIPO Overview 3.1

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