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Archive | June, 2012

Suspending or Terminating a UDRP Proceeding

Paragraph 18(a) of the Rules of the Policy authorizes the Panel in its discretion to suspend or terminate a UDRP proceeding or proceed to a decision “[i]n the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a domain name dispute.” The Rule contemplates that such a filing […]

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When Qwerty Keyboard is Evidence of Typosquatting; Omission of Letters that Spell Foreign Words, Not Typosquatting

UDRP’s anti-cybersquatting proscriptions focus on unfair business practices and deception. They are not intended to suppress competition or restrain commerce. The “behavior of innocent or good faith domain name registrants is not to be considered abusive.” WIPO Final Report paragraph 172. Several recent decisions illustrate examples of bad faith and innocent or good faith registration […]

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Defending Legitimate Interests: Common Words, Prejudice and Lapse of Time

We appear to have reached a stage on the Internet in which every dictionary word and many combinations have been spoken for as domain names. So much is this so that owners of newly minted trademarks composed of common words (who have not investigated domain name availability) find themselves having to buy the corresponding domain […]

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Disputes Between Same Parties; Different Panels, Different Results

When Panels in different cases involving the same parties rule differently the question is whether one is wrong and the other right. Or, can both be right without their awards being inconsistent? A number of commentators have pointed to two cases brought by Bloomberg Finance L.P. questioningly.  In Case 1, Bloomberg Finance L.P. v. bloomberg, […]

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