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Archive | March, 2016

Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?

Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the Internet Corporation for Assigned Names and Numbers (ICANN) to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the […]

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Registering and Monetizing Personal Names

At the top of WIPO’s list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is “Hugo Boss” with 62 complaints. The report also reveals that the fashion industry led other commercial sectors with 10% of complainant activity. Not surprisingly, in this sector companies (couturiers extending their services to the general public) […]

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Proving and Rebutting Respondent Lacks Rights or Legitimate Interests

Paragraph 4(a)(ii) of the Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I’ve pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond […]

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Overreaching Trademark Owners and the Misguided Better Right Theory of Domain Name Ownership

In Blogs devoted to news from the domain name industry and douaniers there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it’s a form of collective sigh from domainers and the domain industry that the UDP is working as it should, which means that Panels […]

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Panels Draw Inferences Whether or Not the Parties Like It

It is unlikely complainants will admit to overreaching on claims of cybersquatting or respondents to unlawful conduct in registering and using domain names. Yet, overreaching and unlawful conduct are the staples of disputes conducted in UDRP proceedings. Given the summary nature of the administrative proceedings, there are likely to be more than the usual gaps […]

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