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Archive | March, 2010

Respondent with Future Intentions for a Domain Name Must “Demonstrably Demonstrate” His Plans

In deciding on the issue of a respondent’s good or bad faith conduct, there are two obligatory questions:  “Why did the Respondent register the Domain Name [in which he has no right or legitimate interest]?” and,   Why would one register as a domain name the name of another entity, knowing it to be the name […]

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Surnames of Historical Personalities Adopted as Trademarks

Personal and surnames are not protected under the UDRP unless their owners can demonstrate their names are associated in the marketplace as sources of goods or services. Personalities in sports, entertainment and the arts have generally succeeded in capturing infringing domain names, but business people have been rejected – Israel Harold Asper v. Communication X […]

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Exception to the Post Dated Trademark Rule

Putting aside the question as to whether a particular corporate name is registrable as a trademark, or is simply a trade name not actionable under the UDRP, the Panel in Applied Technology Holdings, Inc. v. u-Logic, Dan Stirling, D2010-0042 (WIPO February 17, 2010) held that the Complainant (ipso facto) owned a common law trademark in […]

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