Concurrent Right to a Lexical String Registered by One Party as a Trademark and the Other as a Domain Name
August 31, 2010Trademark law recognizes, with qualification that two parties can be entitled to the use of similar, even identical lexical strings…Not All Similarity is Confusing
August 30, 2010Judged objectively not all similarity is confusing with domain names and trademarks. Paragraph 4(a)(i) of the Policy is not satisfied…Making Changes to the Website After Notice and Filing of Complaint
August 27, 2010Despite misgivings expressed by some panelists over the past year (the Octogen line of cases), where there is no evidence…Prosecuting a Claim Against a Previously Successful Respondent on a Different TLD
August 26, 2010Complainants from time to time refile complaints on change of circumstances. Refiling is not barred but complainant must satisfy strict…Targeting, A Key Element in Determining Bad Faith Registration and Use
August 25, 2010It is fundamental that a respondent’s intent at the time it registers a disputed domain name to take advantage of…Small Differences Can Have a Major Effect on the Way Domain Names Are Read
August 24, 2010The threshold requirement sets a low bar but small differences “can have a major effect on the way domain names…The Role of Precedent and Authority in UDRP Cases
August 23, 2010The UDRP mandates that “[i]n all cases, the Panel shall ensure that the Parties are treated with equality and that…Application for Trademark Registration By Itself Does Not Qualify as a Right
August 20, 2010A certificate of registration satisfies the threshold requirement for maintaining a UDRP proceeding while a mere “intent to use” application…The Work of Early Panels in Establishing the UDRP Jurisprudence
August 19, 2010The first five UDRP decisions (1 commenced in1999 and the first four of 2000) were decided in Complainants’ favor without…Complainant Must Hold a Trademark in His/Her Personal Name to Succeed in a UDRP Proceeding
August 18, 2010Celebrities whose names are source indicators have common law trademark rights, thus standing under the Policy to capture corresponding domain…Historical Snapshots from the Wayback Machine
August 17, 2010In the curious case of Eneco BV v. Eneco, D2010-0548 (WIPO July 7, 2010) – curious because the Panel made…Speculation and Unsupported Assertion is not Proof
August 16, 2010The complainant has the burden of proof on all elements of the Policy. It is lighter where the complainant has…