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Archive | January, 2018

Trademarks vs Domain Names: Dictionary Words, Common, Combinations, and Arbitrary Letters

The typical daily accounting of decisions filed in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) may include an award or two dismissing complaints (three is particularly noteworthy: <>, <>, and <> from the Forum for January 20, 2018), but overwhelmingly complaints are granted not dismissed. Let us imagine a trademark or service […]

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The Rise of a Secondary Market for Domain Names: A Tale of Competing Interests

This essay appeared in Bright Ideas, a publication of the Intellectual Property Law Section of the New York State Bar Association in its Winter 2017 Edition, published January 2018. Introduction The Trademark Act of 1946 defines trademarks and service marks to include “any word, name, symbol, or device, or any combination thereof.”[i]  Marks composed of […]

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In Memoriam:

I have hesitated in writing this memorial for <> because I did not want to announce a demise that may not be true, or the fear that my saying it will make it so. The website went dark for a short period in 2017, before being restored after a brief shutdown, and (I thought) it […]

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Lawful Registrations of Domain Names

Doug Isenberg notes in a recent essay that two records in domain name disputes were broken in 2017, namely number of cybersquatting claims (3,036 in 2016, 3,073 in 2017) and number of domain names implicated (5354 in 2016, 6370 in 2017). (John Berryhill reminds me in a twitter after this essay was posted that […]

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Noteworthy Domain Name Decisions for 2018

Noteworthy Domain Name Decisions is a running collection of annual decisions that taken together provide insight into the jurisprudence applied in UDRP disputes. More detailed analytical discussions of decisions can be found in recent and archived essays posted on the website and republished on Noteworthy Domain Decisions for 2015 can be found here, 2016 […]

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