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Archive | June, 2017

New Standard for Reverse Domain Name Hijacking

UDRP Rule 1 defines RDNH as “using the Policy in bad faith to attempt to deprive a registered domain name holder of a domain name” (further defined in Rule 15(c)).  There has been a mixed history in granting and denying this remedy for overreaching rights. Some Panels consider RDNH regardless whether it has been requested […]

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Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands.  The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused […]

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Charting the Balance between Trademark Owners and Domain Name Holders: A Jurisprudential Overview

Efforts to combat cybersquatting began in earnest in 1998 when the World Intellectual Property Organization (WIPO) (at the request of the United States Government supported by all member states) began an extensive process of international consultations “to address cross-border trademark-abusive domain name registrations.” I’m quoting from WIPO’s newly released Third Edition of the Overview of […]

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