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Archive | January, 2016

Taking a Second Bite: Rehearing a Decided Case

The UDRP has no specific rules for rehearing or reconsidering a complaint. It is one of those legal issues left to the ingenuity of panelists and authorized by Rule 15(a): “A Panel shall decide a complaint on the basis of “any rules and principles of law that it deems applicable.” This is precisely what the […]

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When Bad Faith Use Precedes Renewal and Continues After It

Ordinarily, a domain name registered in good faith that is subsequently used in bad faith is invulnerable to a charge of cybersquatting under the UDRP. But, this not altogether true under all circumstances. It is true where the domain name predates the trademark and there is no evidence of unregistered rights to the mark. It […]

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Derivative Works: Who Owns What?

Courts have recently been busy dealing with the puzzling concepts of derivative works, fair use, and transformation. “Transformation” is the underlying principle of derivative works created either by the author or licensees with the author’s permission; or created without the author’s permission legally under the fair use doctrine. There are two sets of rights granted […]

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What Inferences Can Be Drawn from a Whois Record Update?

Although complainants of trademarks postdating the registration of domain names have standing to maintain a UDRP proceeding they have no actionable claim. (This is also true under the ACPA although it does not preclude claims for trademark infringement). Nevertheless, there continue to be claims testing the theories of “retroactive bad faith” and renewal that implicate […]

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Consents to Transfer: Foregoing Traditional UDRP Analysis

There has been a noticeably larger number of cases over the past several months of respondents consenting to cancellation or transfer of accused domain names, the last one published on December 31, Converse Inc. and All Star C.V. v. Parisa Mazari, FA1512001650796 (Forum December 31, 2015). In this particular, and other cases, accepted consents shortcut […]

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