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Laches Defense to Cybersquatting Claim

While Panels are in accord that waiting too long to initiate a complaint makes it difficult to prove bad faith registration they are split on whether laches is a good defense to a cybersquatting claim. “[T]he question of delay may nevertheless be relevant in that a complainant who delays in initiating UDRP proceedings may have […]

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Dismissal of UDRP Complaint

Ordinarily, complaints are dismissed for two reasons (or the same reason but expressed in two different ways): either the complainant fails to prove respondent registered the domain name in bad faith (although respondent has no right or legitimate interest in it); or respondent rebuts bad faith registration even though it may be using the domain […]

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“Genuine” Criticism as Defense to Abusive Registration

Paragraph 4(c)(iii) of the Policy recognizes the free speech defense but this is one of the blurry areas of domain name jurisprudence. The WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition describes two views on criticism. View 1 states that “The right to criticize does not necessarily extend to registering and […]

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Different Mind-Sets In Inferring Bad Faith Registration from Bad Faith Use

Of the four enumerated circumstances of bad faith in paragraph 4(b) the first three describe bad faith registration while the fourth (4(b)(iv)) describes bad faith use. A respondent may lack rights or legitimate interests in the domain name (4(a)(ii)) but if the evidence is insufficient to support an inference of bad faith registration there is […]

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Standards of Proof, URS and UDRP

In the hierarchy of standards “beyond a reasonable doubt” (criminal intent) is higher than “clear and convincing” (URS) which is higher than “preponderance of the evidence” (UDRP). The UDRP sets forth in general terms conduct that violates a trademark owner’s rights and respondent’s defenses of fair use and registration but to understand the fine points […]

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