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Archive | July, 2015

Good and Bad Faith in Registering and Using Domain Names

Complainant prevails only if it proves conjunctive bad faith. Bad faith use can be inferred if the proof supports bad faith registration but there is no inference of abusive registration the other way around, although as I have pointed out in earlier Blogs there are panelists who go their own way on this issue. There […]

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Theft as Per Se Abusive Registration

It is an interesting proposition that certain conduct unrebutted be regarded as a per se violation of the UDRP; the very fact of the respondent having committed a certain act—hijacking a domain name is one, or threatening to point a domain name to adult content is another candidate (Gryphon Internet, LLC v. thank you corp. […]

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Noteworthy Domain Decisions July 2015

For earlier Noteworthy Domain Decisions go to: April, May, & June 2015 Hugedomains.com, LLC. v. Wills, 14-cv-00946 (D.Colorado July 21, 2015). Plaintiff, earlier Respondent Austen Pain Associates v. Jeffrey Reberry, FA1312001536356 (Forum March 18, 2014), commenced an ACPA action for declaratory judgment that it registration or use of <austinpain.com> was not unlawful under the Act; […]

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Overreaching: Priority of Rights to Domain Names

Complainants whose trademarks postdate domain name registrations continue to misunderstand the law as it applies to their rights under both the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA).While cyberspace has unlimited capacity (assuming availability of power) and plenty of room for everyone who wants to be there only […]

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Celebrating 305 Years of Statutory Copyright Law

Gerald M. Levine, Co-author Rights in Literary Property The United States Copyright Office and many people on social media, particularly on Twitter, have been celebrating the enactment of the first national copyright act in this country that President Washington signed into law on May 31, 1790. The 1790 Act was largely adopted from an earlier […]

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Terminating or Suspending a UDRP Proceeding

The UDRP as a nonexclusive forum for resolving disputes over domain name registrations allows respondents to remove complainant’s claim to a court of competent jurisdiction, Rule 4(k), which in the U.S. is a district court in one of the venues authorized under Rule 3(b)(xiii) (complainant’s agreement to mutual jurisdiction). Rule 4(k) requires proof respondent has […]

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