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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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Noteworthy Domain Name Decisions for September 2015

Noteworthy Domain Name Decisions for April through August 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 available on Amazon and Barnes & Noble See also Supplement to Domain Name Arbitration. Strebor, LLC d/b/a Power Tool […]

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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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Terminating or Suspending a UDRP Proceeding

The UDRP as a nonexclusive forum for resolving disputes over domain name registrations allows respondents to remove complainant’s claim to a court of competent jurisdiction, Rule 4(k), which in the U.S. is a district court in one of the venues authorized under Rule 3(b)(xiii) (complainant’s agreement to mutual jurisdiction). Rule 4(k) requires proof respondent has […]

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Trademark Owner’s Right to Earlier Registered Domain Name

The Anticybersquatting Consumer Protection Act (ACPA) provides that “[a] person shall be liable in a civil action by an owner of a mark . . . if . . . the mark . . . is distinctive at the time of the registration of the domain name. . . .” This surely means that if […]

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Getting it Wrong: It Happens!

Over the years the UDRP has attracted a good amount of criticism hewing to one of two poles, accusing panelists of either cognitive impairment or bias. There are panelists’ (it is said) “who substitute their personal views for the agreed language of the UDRP.” Other critics complain that there is a “fundamental bias in the […]

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Renewal of Registration of Domain Names Used in Bad Faith

Whether renewal of registration of domain names used in bad faith is actionable is an urgent question for complainants who either acquired their marks later than domain name registration; or if earlier are unable to prove respondents had any knowledge of their marks when the domain names were registered. Under UDRP jurisprudence the consensus view […]

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