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Archive | Cybersquatting

No Barrier to Reading Across the Dot

Even before the introduction of new top level domains in 2014 Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the characters of the accused domain names with the characters of trademarks for identity or confusing similarity. But this did exclude the possibility […]

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Taking a Second Bite: Rehearing a Decided Case

The UDRP has no specific rules for rehearing or reconsidering a complaint. It is one of those legal issues left to the ingenuity of panelists and authorized by Rule 15(a): “A Panel shall decide a complaint on the basis of “any rules and principles of law that it deems applicable.” This is precisely what the […]

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When Bad Faith Use Precedes Renewal and Continues After It

Ordinarily, a domain name registered in good faith that is subsequently used in bad faith is invulnerable to a charge of cybersquatting under the UDRP. But, this not altogether true under all circumstances. It is true where the domain name predates the trademark and there is no evidence of unregistered rights to the mark. It […]

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Noteworthy Domain Name Decisions for 2016

Mr. Levine is the author of a treatise on trademarks, domain names, and cybersquatting, Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting under the Uniform Domain Name Dispute Resolution Policy. (2015, 558 pages). Learn more about the book at Legal Corner Press. Available from Amazon and Barnes & Noble.  Ongoing […]

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What Inferences Can Be Drawn from a Whois Record Update?

Although complainants of trademarks postdating the registration of domain names have standing to maintain a UDRP proceeding they have no actionable claim. (This is also true under the ACPA although it does not preclude claims for trademark infringement). Nevertheless, there continue to be claims testing the theories of “retroactive bad faith” and renewal that implicate […]

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Certifying to Merit of Cybersquatting Claim Where There is None

There is no merit to the belief held by some trademark owners that domain names corresponding to trademarks infringe their exclusive rights on the Internet regardless the date of registration. For the ACPA the threshold issue is whether the trademark was “distinctive at the time of the registration of the domain name.” Although no such […]

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When is Re-Registration or Renewal of Registration Actionable Under the ACPA?

Jysk Bed’N Linen v. Dutta-Roy , 13-15309 (11th Cir. December 16, 2015) The answer to the question posed by the title is that it depends on the facts to which the abstract principles we call law are subservient. I don’t think anyone would disagree it would be nonsensical for courts to announce judicial rulings independent […]

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Domain Names Combining Complainant’s Marks with Marks of Third Parties

Where there are multiple, related complainants each will be entitled to the domain name in which it has a right and a right to the remedy it elects. However, where the accused domain name is composed of trademarks owned by different parties, but only one is complaining the question turns on whether the complainant is […]

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Passive Holding of Domain Name Not Grounds for Forfeiture

It is an interesting phenomenon that complainants and their counsel continue to believe that trademark owners have greater rights to corresponding domain names than domain name holders who have priority of registration. Their arguments unfold in a familiar line of false reasoning that inactivity of use and renewal of registration (to take just two contentions) […]

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Dictionary Words Generic; In Compound Distinctive

Dictionary words are generic when employed denotatively for their ascribed meanings, therefore incapable of trademark status, but can nevertheless acquire distinction if used connotatively as arbitrary or suggestive symbols. It follows too that  compounds composed of generic terms are not condemned to being generic simply because of their parts; can in fact be distinctive and […]

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