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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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No Standing for Similar that is not Confusingly Similar

If a domain name is similar but not confusingly similar to the trademark in which complainant has rights the complaint must be dismissed for lack of standing. This makes sense because if the string of characters forming the second level domain is identical in part but not confusing as to the whole of the trademark […]

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Research of Facts and Law under the UDRP

Ordinarily in commercial alternative dispute resolution processes arbitrators are not authorised to independently do factual research, and there is continuing disagreement about what if any legal research can be done. Best practice is firm about factual research; and less certain about legal research. It is generally understood that a neutral’s role is limited to assessing […]

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Role of Credibility in Assessing Claims and Defenses

In a number of UDRP cases decided this year several turned on the issue of credibility, sometimes involving “advocate’s hyperbole” and at other times outright misdescription of the website’s content. The Chancellor, Masters and Scholars of the University of Cambridge v. Kirkland Holdings LLC., D2015-1278 (WIPO October 5, 2015) (<>). In many of these cases […]

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Noteworthy Domain Name Decisions for October 2015

Noteworthy Domain Name Decisions for April through September 2015 here. Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting (Legal Corner Press, 558 pages) is now available in print and e-book editions and can be purchased from Amazon and Barnes & Noble There is an ongoing supplement to the book at […]

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Prominent Business Persons and Domain Names

When it comes to personal names what is protected is frequently misunderstood. There is no right to own the domain name corresponding to one’s own name unless the name has acquired distinctiveness by being in the market and is recognized by consumers as a source of goods or services. The “Lidia” in LGMB Holding LLC […]

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Concurrent Trademark Rights Not Grounds for Cybersquatting

It is out of the ordinary for respondents in UDRP proceedings to have registered trademarks; it is more so that parties should also be in the same business. It may be suspicious that the later to register was unaware of the earlier but domain name registrants are under no duty to search trademark databases to […]

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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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Theft as Per Se Abusive Registration

It is an interesting proposition that certain conduct unrebutted be regarded as a per se violation of the UDRP; the very fact of the respondent having committed a certain act—hijacking a domain name is one, or threatening to point a domain name to adult content is another candidate (Gryphon Internet, LLC v. thank you corp. […]

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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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