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Archive | Abusive registration

Noteworthy 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

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 Copyright Office. Recordation is the key to protection. Once that […]

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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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Financial Consequences of Cybersquatting: A Cautionary Tale

Except for the time and expense of having to defend claims of infringement there are no severe financial consequences of cybersquatting under the Uniform Domain Name Dispute Resolution. The UDRP is essentially a summary proceeding for evicting domain names from their cyber spaces, either cancelling registrations of infringing domain names or transferring the registrations to […]

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No Consensus for Reverse Domain Name Hijacking

There is no consensus for reverse domain name hijacking; rather, there is a diversity of views about the conduct that would support it. Rule 15(e) authorizes the Panel “to declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding … [i]f after considering the submissions […]

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Evidentiary Demands in a UDRP Proceeding

To succeed in a UDRP case parties must pay attentiion to the evidentiary demands of the process. Complaints are dismissed or denied for three reasons, either complainant 1) lacks priority for its trademark over the domain name; 2) failed to marshal evidence sufficient to prove abusive registration, or 3) respondent has rebutted complainant’s allegations that […]

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Opportunistic Registrations of Domain Names

This article, “Opportunist Registrations of Domain Names: What Is Going On, and What Tools Are Available for Trademark Owners,” appears in Bright Ideas, a publication of the Intellectual Property Law Section of the New York State Bar Association, Fall 2014, Vol. 23, No. 2. Bright Ideas Gml Article I. Introduction In June, 2011, the Board […]

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