Books

knows the identity of the perpetrator and how to find that person. Even then, it may face significant legal fees.

Unfortunately, it has become increasingly difficult to identify the person or company that owns a particular domain name. As a result of the evolution of privacy laws, including the European Union’s General Data Protection Regulation (GDPR), tools like the Whois search site (www.whois.com/whois) now provide very little help. The websites that register the domains, known as registrars, will usually not provide any information due to the privacy rights of their customers. It is difficult to file a lawsuit when one does not know whom to sue.

Although obtaining the identity of the registrant by issuing an early subpoena to the registrar may be worth doing in certain circumstances, a response from the registrar might reveal only that the domain was registered with a fake identity or by an overseas actor. All the while, the legitimate business’s customers continue to fall victim to the fraudulent website, it continues to lose business, and its goodwill suffers as defrauded customers associate it with a scam.

Fortunately, there are other routes to stop users of misleading domain names by using a company’s trademark rights. Nearly all companies will be able to claim trademark rights so long as they are using a non-generic name, mark or logo in commerce to identify the company as the source of goods or services. The trademark need not be formally registered, although a formal registration grants broader rights. Most businesses use their trademark (e.g., their name) as part of their domain name. Accordingly, a company can use trademark rights to protect its domain name.

Even without knowing the identity of the “real” party that owns the offending domain name, the Uniform Domain-Name Dispute Resolution Policy (www.icann.org/resources/pages/help/dndr/udrp-en) is likely available to bring some resolution to the situation in a short time frame and at a relatively low cost. The UDRP provides a straightforward procedure for transferring an offending domain name into ownership and control by the trademark holder — or to cancel a domain altogether. The policy is implemented through arbitration and is handled online. A trademark holder can file a complaint to show that the offending domain name is confusingly similar to the holder’s trademark, that the domain name registrant has no legitimate rights to use the domain name, and that it has been registered and used in bad faith.

The UDRP process sometimes produces results with lightning speed — getting a website removed in as little as five days from the date of filing. Even when it takes longer, final results are usually obtained in six to eight weeks. Such swift action is normally unheard of in a litigation context. If the fraud on the website is particularly obvious, or if there has been a history with similar typo-squatters in the past, the registrar tends to remove the website more quickly. In all cases, when the appointed arbitrator, or panel of arbitrators, makes a decision, it is published and the registrar behind the domain administers the decision. In addition, one may be able to obtain identifying information for the registrant at the beginning of the process. In some cases, such information may lead to the ability to pursue further relief from the perpetrator after the domain has been removed. The UDRP process itself is not a way to recover monetary damages.

In this age of internet anonymity, attempting to use standard methods when falling victim to a typo-squatting fraudster may ultimately increase the costs to resolve the issue and waste valuable time. Businesses should, rather, contact a trademark attorney to discuss what options are appropriate for their specific circumstances, and always stay vigilant when conducting online commerce.

This digital transformation playbook provides details and guidance on the tactics required to build a profitable X-as-aService business model, including digital customer experience, data-driven sales, customer success at scale, digitally enabled partners and outcome-aligned pricing. It’s the pragmatist’s guide to managing a technology-centric B2B company through its next five years of development. Readers will learn what a full digital transformation looks like for technology providers, what a company will need to do to enable digital transformation at scale, the benefits of a complete digital transformation and how it will help unlock efficient growth and enable a company to stay relevant and competitive in today’s technology market. The book provides takeaways on how to use data and create a digital customer experience to improve product, sales and service delivery.

Digital Hesitation: Why B2B Companies Aren’t Reaching Their Full Digital Transformation Potential

Thomas Lah

TSIA Available 7/12/2022 384 pages

Americans are facing sticker shock at every turn: from the gas pump to the grocery store and every kind of consumer service. But the eye-popping price increases are just the tip of the iceberg in terms of the threat to the country’s economic recovery. Inflation showers windfalls on the rich while penalizing workers, savers, retirees, small businesses and most of Main Street economic life. After spearheading the economic policy for the Reagan Revolution, Stockman worked on Wall Street at the highest levels, and is now an adviser to professional investors. With this book, readers at all investment levels can have access to his groundbreaking financial advice.

The Great Money Bubble: Protect Yourself from the Coming Inflation Storm David A. Stockman $27.99

Humanix Books Available 7/26/2022 256 pages

In Get in the Game, decorated gaming and social media research and marketing executive Jonathan Stringfield delivers a roadmap to understanding and navigating marketing and business integrations into the gaming ecosystem: who plays games (and why), how modern games are created and oriented around the world of e-sports, and where brands can get involved with modern games. This book explains the breadth and depth of the gaming audience, describing the rapidly changing demographics of modern games and the various motivations gamers have for playing games. It also unpacks the history of gaming and how it has impacted the creative processes and output from the industry. Finally, it offers a practical guide for brands wishing to integrate themselves into new gaming environments, with an emphasis on maximizing success for marketers, developers, content creators and fans.

Get in the Game: How to Level Up Your Business with Gaming, Esports, and Emerging Technologies Jonathan Stringfield $28.00

Wiley Available 7/26/2022 224 pages