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Archive | August, 2010

Proving Common Law Trademark: Threshold for Jurisdiction

In common law jurisdictions an unregistered trademark is no less protected than one registered. But, the burden of proof is different; the bar is higher. This is illustrated in v. Domain Privacy, Animal Farm Foundation Inc., D2010-0861 (WIPO July 27, 2010) in which the Complainant is arguing superior rights to the descriptive phrase, DOGS […]

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Proof of Actual Knowledge Required Where There is Plausible Denial

The greater the geographic distance between parties the more plausible the respondent’s denial that at the time it registered the domain name it had any knowledge of the complainant or its trademark. Plausibility is bolstered by the commonness of the words comprising the trademark and complainant’s failure to submit any evidence of its reputation in […]

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