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Archive | March, 2017

Provider and Arbitrator Immunity for Acting in Their Official Capacities

Once parties have voluntarily agreed to resolve their disputes by arbitration courts have no authority to intervene in the proceeding and only a limited role at the end of the process to determine whether it was tainted in some manner prejudicial to the losing party, and if there is neither taint nor unfairness to confirm […]

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Trademarks and Domain Names Composed of Common Terms

The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication it is unsurprising that a good number of them are composed of common terms (dictionary words , descriptive phrases, and shared […]

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Sanctionable Conduct for Abusing the UDRP Process

To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant’s right or legitimate interest in the string. A steady (albeit small) number of owners continue to […]

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