- December 30, 2010The test for proving a common law right is demanding. It cannot be satisfied by asserting facts unaccompanied by evidence…
- December 28, 2010There are two classes of respondents whose registrations have been found to be immune from presumptive bad faith use even…
- December 23, 2010Domain names that mimic trademarks composed of common words that have achieved extraordinary penetration in the domestic and international marketplaces…
- December 21, 2010The Panel in Apple Inc. v. Andrew Sievright, Domain Source, D2010-1916 (WIPO December 8, 2010) (<appl.com>) notes that "[t]yposquatting is…
- December 18, 2010In prosecuting a claim under the UDRP the complainant cannot prevail unless it demonstrates that the respondent had its trademark…
- December 16, 2010A complainant's trademark may be well known internationally in its particular market without being known generally or to the respondent.…
- December 14, 2010In view of the fact that the UDRP is a paper only proceeding the pleadings and evidence must be developed…
- December 11, 2010In assessing whether a domain name is confusingly similar to the complainant's trademark the analytical procedure is to make a…
- December 9, 2010It is not selling domain names that is unlawful under the UDRP but registering them “primarily” with that purpose in…
- December 7, 2010That respondents can avoid the ultimate penalty of forfeiture with a trademark plus negative or disputatious terms is well established…
- December 2, 2010Where a number of parties share a right to a trademark the complainant has the burden of demonstrating that it…