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Archive | February, 2017

Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law

The general run of UDRP decisions are unremarkable. At their least they are primarily instructive in establishing the metes and bounds of lawful registration of domain names.  A few decisions stand out for their acuity of reasoning and a few others for their lack of it. The latest candidate of the latter class is NSK […]

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Timing is All: Registrant Cybersquatting or Mark Owner Overreaching?

Admittedly, timing is not altogether “all” since there’s a palette of factors that go into deciding unlawful registrations of domain names, and a decision as to whether a registrant is cybersquatting or a mark owner overreaching is likely to include a number of them, but timing is nevertheless fundamental in determining the outcome. Was the […]

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Identical or Confusingly Similar to Trademarks but Noninfringing Domain Names

Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of trademarks acquired later than the allegedly infringing domain names ArcBest Corporation v. Domains By Proxy, LLC, Registration Private / Vernon Troupe, D2016-2381 (WIPO January 13, 2017) (<arcbest.com>, in which “ark” is a contraction of “Arkansas”), […]

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