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Archive | January, 2015

Proving Knowledge in UDRP Jurisprudence

A defendant’s liability for infringement under trademark law rests on using the mark without the owner’s permission. Knowledge is not an element of proof for registered marks; it is imputed. Constructive notice is a statutory feature of the Lanham Act. Ignorance is not a defense to infringement or cybersquatting. This is not the case under […]

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Elevating Form Over Substance in Denying Relief for Cybersquatting

Denying relief for cybersquatting is generally supported by lack of proof of abusive registration not for inexactitude in characterizing whether a domain name is identical or substantially similar to a trademark in which complainant has a right. However, the formal requirement under paragraph 4(a)(i) of the Policy requires proof that it is one or the […]

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Recent Articles on Trademark and Cybersquatting

See also Anthology of Commentaries on Cybersquatting — 2014 Understanding the Legal Options Used to Fight Cybersquatting Compressed in as little as a word or two, or perhaps an expressive phrase, trademarks communicate powerful stories about who businesses are and what they stand for. They are at once guardians of reputations, ambassadors of goodwill and […]

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Knowledge as Evidence of Abusive Registration

See Anthology of Commentaries — 2014 Knowledge is the key element in proving abusive registration. In obvious cases such as British Sky Broadcasting Group Plc, Sky IP International Limited, Sky International AG v. Tarek Esmail, D2014-1792 (WIPO December 26, 2014) (SKY NEWS and <skynewsmisr.com> and Rockefeller & Co. Inc. v. William Foo, D2014-1886 (WIPO December […]

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Prospective Procedural Amendments to UDRP Rules

See Anthology of Commentaries — 2014 ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in October 1999 together with a set of rules (Rules) establishing procedural requirements such as when and how the administrative proceedings are to commence and the manner in which panelists are to conduct them. There has been some minor […]

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