- February 26, 2011Where a trademark preexists a domain name the registration may be suspicious but “a legitimate right or interest can certainly…
- February 24, 2011One can think of a record (the kind submitted in support of legal relief) as a combination of statements and…
- February 22, 2011The UDRP is a "conjunctive" regime, which means that a finding of abusive registration requires proof that the respondent both…
- February 19, 2011An unregistered trademark is no less entitled to protection, 15 U.S.C. §1125 (Section 43 of the Lanham Act) if it…
- February 17, 2011Neither mere lack of success of the complaint nor presenting a weak case is sufficient in itself to constitute reverse…
- February 15, 2011When the respondent captures revenue from advertising links to companies that compete with the complainant and lacks rights or legitimate…
- February 12, 2011In a case not otherwise remarkable, the Respondent in Disney Enterprises, Inc. v. Cyber Domain Services Pvt.Ltd., FA1012001365612 (Nat. Arb.…
- February 10, 2011"It is for the Complainant to prove its case under the Policy, not for the Respondent to prove his defense,"…
- February 8, 2011Complainants sometimes have an inflated view of their international reputation: that it has penetrated to the far corners of the…
- February 5, 2011The Uniform Domain Name Dispute ResoThe Uniform Domain Name Dispute Resolution Policy is an arbitral process implemented in 1999 by…
- February 3, 2011A holder's right accrues when it acquires its trademark. It is a going forward right; not one that reaches back,…
- February 1, 2011The key concept of the Policy is exploitative intent directed to a holder's trademark. If the respondent has registered and…