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Failing to Prove Abusive Registration Through Ineptness

Unlike court actions default in responding to complaints is not deemed an admission of liability. Complainant carries the burden to the end. That’s why it’s particularly interesting to read from time to time of disputes in which complainants are utterly inept on the evidentiary demands for proving their cases. Panels have shown little tolerance for […]

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Good and Bad Faith in Registering and Using Domain Names

Complainant prevails only if it proves conjunctive bad faith. Bad faith use can be inferred if the proof supports bad faith registration but there is no inference of abusive registration the other way around, although as I have pointed out in earlier Blogs there are panelists who go their own way on this issue. There […]

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Overreaching: Priority of Rights to Domain Names

Complainants whose trademarks postdate domain name registrations continue to misunderstand the law as it applies to their rights under both the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA).While cyberspace has unlimited capacity (assuming availability of power) and plenty of room for everyone who wants to be there only […]

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Trademark Owner’s Right to Earlier Registered Domain Name

The Anticybersquatting Consumer Protection Act (ACPA) provides that “[a] person shall be liable in a civil action by an owner of a mark . . . if . . . the mark . . . is distinctive at the time of the registration of the domain name. . . .” This surely means that if […]

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Noteworthy UDRP Decisions April 2015

HomeAway, Inc. v. Timothy Hall (aka Tim Hall), D2015-0211 (WIPO April 21, 2015) Complainant’s allegation it is a licensee is insufficient evidence from which to “infer the existence of a license/authorization.” INVISTA North America S.a.r.l. v. Whois Privacy Service, FA1502001607177 (Nat. Arb. Forum April 14, 2015) While constructive notice is generally regarded as insufficient to […]

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Authors and Domain Names: Claiming Rights to Personal Names, Characters and Titles

Published by Independent Publisher or read the full text below Copyright law is the principal system for protecting authors’ creations. It confers rights without requiring any other action, but in order to fully benefit from the law authors and parties to whom copyrights have been assigned or sold have to record their copyrights with the […]

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Getting it Wrong: It Happens!

Over the years the UDRP has attracted a good amount of criticism hewing to one of two poles, accusing panelists of either cognitive impairment or bias. There are panelists’ (it is said) “who substitute their personal views for the agreed language of the UDRP.” Other critics complain that there is a “fundamental bias in the […]

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Renewal of Registration of Domain Names Used in Bad Faith

Whether renewal of registration of domain names used in bad faith is actionable is an urgent question for complainants who either acquired their marks later than domain name registration; or if earlier are unable to prove respondents had any knowledge of their marks when the domain names were registered. Under UDRP jurisprudence the consensus view […]

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Outside the Scope of the UDRP

Disputes declared outside the scope of the UDRP affirms the Policy’s limited jurisdiction. The Policy is designed to address claims of cyber infringement of an owner’s trademark, not to determine trademark infringement or claims of business disputes. To be sure the demarcation between disputes within and other outside the scope of the Policy can be […]

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Using Trademarks to Market Professional Services

Attorneys have tried using trademarks to market professional services, but the outcome applies to all professionals as the surgeon found out in Accuray Incorporated v. Sanjay Mongia / Nuero Network, FA1409001582340 (Nat. Arb. Forum November 3, 2014).  In this case Respondent argues that incorporating a trademark is not an abusive registration. It should qualify as […]

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