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Identical or Confusingly Similar to Trademarks but Noninfringing Domain Names

Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of trademarks acquired later than the allegedly infringing domain names ArcBest Corporation v. Domains By Proxy, LLC, Registration Private / Vernon Troupe, D2016-2381 (WIPO January 13, 2017) (<arcbest.com>, in which “ark” is a contraction of “Arkansas”), […]

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Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent’s cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) “[w]hat do you want from me people? I already removed all the files from that domain and it’s empty. What else do you want me to do???” raises some interesting questions. “A,” […]

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Fair and Unfair Publishing Contracts: [How] Can Authors Protect Their Rights

Introduction: In the United States authors’ rights to enjoy the fruits of their labor are protected by the Constitution: “The Congress shall have power . . . to  promote the progress of science and useful arts, by securing for limited times to authors . . . the exclusive right to their respective writings.” This Constitutional […]

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Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?

Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied: “On the contrary, the […]

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UDRP Standing: Proving Unregistered Trademark Rights

The Uniform Domain Name Dispute Resolution Policy is a nonexclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights’ owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is “required to submit to a mandatory administrative proceeding in the […]

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Certifying to Merit and Proper Purpose in Alleging and Defending Cybersquatting Claims

Parties to a UDRP proceeding must include a certification similar in U.S. practice to Rule 11 of the Federal Rules of Civil Procedure (and undoubtedly a feature in procedural codes in other judicial jurisdictions) “that the information contained in this [Complaint or Response] is to the best of [Complainant’s or Respondent’s] knowledge complete and accurate, […]

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Supplementing the Record in UDRP Proceedings; When Acceptable?

The UDRP limits parties’ submissions to complaints and responses; accepting “further statements or documents” is discretionary with the Panel (Rule 12, Procedural Orders), although the Forum (in Supplemental Rule 7) but not WIPO provides for supplementing the record with the proviso that “[a]dditional submissions must not amend the Complaint or Response.” For some panelists, Rule […]

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Filing Cybersquatting Complaints With No Actionable Claims

I noted in last week’s essay three kinds of cybersquatting complaints typically filed under ICANN’S Uniform Domain Name Dispute Resolution Policy (UDRP). The third (utterly meritless) kind are also filed in federal court under the Anticybersquatting Consumer Protection Act (ACPA). While sanctions for reverse domain name hijacking are available in both regimes, the UDRP’s is […]

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Three Kinds of UDRP Disputes and Their Outcomes

There are three kinds of udrp disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new tlds extensions (mckinsey.careers> and <legogames.online>); sometimes typosquatting (<joneslang lassale.com> and <wiikipedia.org>) ; and other times registering […]

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Getting it Right the First Time; Second Chance With New Facts

UDRP complainants are expected to get it right the first time, and if they don’t there’s a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not preclude the possibility of one being accepted on evidence of new facts. In Haru Holding Corporation v. […]

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