Top Menu

Archive | May, 2016

Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark—instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement […]

Continue Reading 0

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names’ histories. While it doesn’t compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). […]

Continue Reading 0

Earlier Registered Domain Names, Later Acquired Trademarks

The Rise of Cyber-Entrepreneurs Trademarks have a long history; domain names are of recent origin. Trademarks were “invented” to “identify and distinguish [one person’s] goods . . . from those manufactured or sold by others and to indicate the source of the goods. Domain names are merely function elements “invented” to identify and link locations […]

Continue Reading 0

Proving Common Law Rights Predating Domain Name Registration

The trademark rights required for standing under paragraph 4(a)(i) of the UDRP refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove […]

Continue Reading 0

Characters and Copyright Protection

Gerald M. Levine, co-author It would be unusual in a work of any genre for every part to be protected by copyright law even though the whole work bears the symbol ©. Only when an infringement is alleged and challenged does it become apparent that the phrase “original works of authorship” (Section 102(a) of the […]

Continue Reading 0

Who Contacts Whom: A Material Factor in Selling Domain Names Corresponding to Trademarks

Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names “primarily for the purpose” of selling them to complainants “for valuable consideration in excess of […]

Continue Reading 0

Is the UDRP Biased in Favor of Trademark Owners?

Published in the New York State Bar Association Journal, May 2016, pp. 18-21 In an effort to combat a form of unlawful conduct on the Internet, which saw registrants purchasing domain names identical or confusingly similar to trademarks and leveraging their value for commercial gain at the expense of trademark owners, governments, read further

Continue Reading 0

Warranties and Representations on Purchasing Domain Names: What are they Worth?

The WIPO Final Report published in April 1999 from which sprung the UDRP the following October is useful in shedding light on what the assembled constituencies had in mind in agreeing to particularly contentious issues. One of those issues was whether registrants had to actively search trademark records before purchasing domain names. Other than paragraph […]

Continue Reading 0

Follow

Get every new post delivered to your Inbox

Join other followers:

4/xVVyQrMpFFp6VcOTT2qD9g.0oyCn-dWDJ0cJvIeHux6iLYvgUztkQI
%d bloggers like this: