Alvin Lin Discusses Landmark Netflix IP Decision in World IP Review
Partner Alvin Lin was quoted in a World IP Review article entitled “Gonna Be Golden: KPop Demon Hunters Slays the IP Rulebook,” which examined how Netflix’s mega-hit film reshaped expectations around the speed at which trademark reputation and goodwill can be established in the global streaming era.
Reaching 236+ million views worldwide in just days, KPop Demon Hunters quickly became Netflix’s most-watched film ever. However, shortly after the film’s release, a private individual in Germany registered the domain name KPopDemonHunters.com, the most intuitive URL associated with the film. Netflix subsequently filed a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) with the World Intellectual Property Organization (WIPO), citing confusing similarity, and seeking transfer of ownership of the domain.
In a notable decision, a WIPO panel ruled in Netflix’s favor, finding that the film had achieved an exceptionally high level of fame in a matter of days. Alvin observed that the panel “credited the rapid fame and success of the film” to allow Netflix to prevail. “This is not so much a shift or change in the law as it is a validation that more immediate cultural success can meet the legal requirements to establish protectability,” he noted.
Alvin also emphasized the importance of proactive brand protection, advising companies to “file for available protections sooner rather than later.” He added, “Since registering a domain does not require proving trademark rights, Netflix could have registered the domain without waiting to see if the film would be a success.”
Subscribers to World IP Review may read the full article here.
Contacts
- Alvin C. Lin Partner
- alin@morrisoncohen.com
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