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Standards of Proof, URS (Clear and Convincing) and UDRP (Preponderance of the Evidence)

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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The Burden of Establishing a Right (or Legitimate Interest)

Complainant does not have to establish a right to the domain name–its burden is to establish that respondent registered the domain name in bad faith–but it does have to establish it owns (or has an exclusive right to use) a trademark it claims infringes its right. There has to be some evidence of the right. […]

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Time and Expense Consequences for Sitting Out Sunrise and Landrush Periods

Sunrise refers to a stipulated period during which trademark owners may defensively preregister domain names in new generic top-level domains (gTLDs) prior to the registrar accepting registrations from the general public. This initial period is followed by the connotatively rich “Landrush” in which anyone (for a premium) can register domain names on a first-come-first served […]

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Clear and Convincing Evidence that Any Use Could Not Possibly Not Be Infringing

It has probably been noticed that 99% + of the complaints filed under the Uniform Rapid Suspension System (URS) involve well-known trademarks: LIPITOR, RIPOFF REPORT, IBM, MCGRAW-HILL, PORSCHE, LUFTHANSA. Pending cases include: MORGAN STANLEY, NETFLIX and WEIGHT WATCHERS. Application of the first to register doctrine depends on a registrant’s choice of the second level domain […]

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The Forum of Choice for Arbitrating Cybersquatting

This article appeared in the New York Dispute Resolution Lawyer, Spring 2014 What we recognize today as self evident about the world wide web with its mixture of  opportunity and opportunism was hardly visible in the early 1990s when the Internet began its transformation from the online network created by the academy in the 1980s […]

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