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Archive | December, 2012

Vendor/Agent Holding Domain Name Hostage for Alleged Nonpayment of Fees

In a federal action under 15 U.S.C. 8131 (Cyberpiracy protections for individuals) the district court for the Middle District of Florida held that “cyber-extortion is not a permissible way of recovering a debt”), Salle v. Meadows, 6:07-cv-1089-Orl-31 (August 6, 2007). No federal cases on the “debt” issue have been found under Sec. 1125(d), but there […]

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Abusive Registration of Personal Names

Personal names that are unregistrable as trademarks have no actionable claim under the UDRP for abusive registration of their names. Attorneys (but not their law firms) are in no better position than other professionals. There has to be a trademark right. It does not come with admission to the Bar; from longevity in practice; from […]

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Invoking UDRP’s Mutual Jurisdiction Under Paragraph 4(k) and Rule 18(a)

Registrants in acquiring domain names and trademark owners in complaining of abusive registration are both required to submit to the jurisdiction of stipulated courts with regard to the adjudication of disputes. The requirement in the registration agreement is traceable to ICANN’s Registration Accreditation Agreement with registrars. Paragraph 3.7.7.10 reads: “For the adjudication of disputes concerning […]

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No Standing for “Intent to Use” Applications

Complainants cannot claim standing for intent to use applications since the first use in commerce is prospective. This applies to both the UDRP and the ACPA. While trademark registration on the Principal Register is prima facie proof of validity and some consideration is given to registrations on the Supplemental Register on proof of acquired distinctiveness, […]

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