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Archive | February, 2016

Respondents Lose for Lack of Any Defensible Proof

Respondents prevail in approximately 12% to 15% of cybersquatting disputes overall, but a higher percentage prevail if they appear and offer persuasive evidence either establishing rights or legitimate interests or rebutting bad faith. When they fail (whether for not appearing or answering the complaint) it is for lack of any defensible proof. Asserting good and […]

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The Respondent Who Specializes in Misspellings

As trademarks composed of dictionary words or descriptive phrases descend the classification scale there is an increasing likelihood of registrants registering and using domain names corresponding to trademarks plausibly lacking knowledge of trademark owners. In the past several months the lower end includes <summertechcamp.com>, <asclepius.com> (God of Medicine), <hopscotch.com>, <topcare.com>, <bankwell.com>, and <unblock.com>. Earlier there […]

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What Does it Take for Complainant to Lose a UDRP Dispute?

Proof in a UDRP dispute is a step by step process; complainant builds its case in a logical progression: this is who I am (my trademark has priority in the market, where priority is measured from the date of domain name registration; or, as in some recent cases, from renewal of registration); this is who […]

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Lapsed and Abandoned Domain Names Returned to General Pool

Unlike trademarks that are owned (even if not registered) domain names are leased for renewable periods without end, but can be lost by unintentionally failing to renew registrations or intentionally abandoning them. The stronger the mark the greater the likelihood the domain name can be recovered. Culture and Sport Glasgow t/a Glasgow Life v. Yemliha […]

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No Barrier to Reading Across the Dot

Even before the introduction of new top level domains in 2014 Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the characters of the accused domain names with the characters of trademarks for identity or confusing similarity. But this did not exclude the […]

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