Anticybersquatting Consumer Protection Act’s In Rem Jurisdiction
July 2, 2012An owner of a trademark registered in any jurisdiction or whose unregistered right is recognized under any national law satisfies…Suspending or Terminating a UDRP Proceeding
June 27, 2012Paragraph 18(a) of the Rules of the Policy authorizes the Panel in its discretion to suspend or terminate a UDRP…When Qwerty Keyboard is Evidence of Typosquatting; Omission of Letters that Spell Foreign Words, Not Typosquatting
June 19, 2012UDRP's anti-cybersquatting proscriptions focus on unfair business practices and deception. They are not intended to suppress competition or restrain commerce.…Defending Legitimate Interests: Common Words, Prejudice and Lapse of Time
June 11, 2012We appear to have reached a stage on the Internet in which every dictionary word and many combinations have been…Disputes Between Same Parties; Different Panels, Different Results
June 4, 2012When Panels in different cases involving the same parties rule differently the question is whether one is wrong and the…Date of First Use in Commerce in Application for Trademark Not Evidence
May 29, 2012As a general rule, there can be no bad faith registration of a domain name registered prior to the existence…Legitimacy and Good Faith Undermined by Knowledge of Complainant and its Trademark
May 21, 2012Speculating, offering to sell and monetizing domain names composed or dictionary words and descriptive phrases without more are not actionable…Acquired Distinctiveness Through 5 or More Years of Use
May 14, 2012Words and phrases in common use are attractive equally to purveyors and domainers. That one has a trademark does not…Common Word Trademarks Owned by Major Brand Complainants: How Protectable?
May 7, 2012Common word trademarks, PRICELESS for example, are no less common for being owned by a major brand complainant and no…Refusing to Relinquish Domain Name After Termination of Distribution Agreement
April 21, 2012The conjunctive rule for proving bad faith weighs heavily on manufacturers who entered into distribution arrangements authorizing use of their…When Inactivity Rises to the Level of Bad Faith
April 13, 2012One of the central propositions of UDRP jurisprudence is that mere assertion of bad faith is insufficient for the complainant…Paying Authors for Their Work
April 10, 2012Co-author Gerad M. Levine Whether money is the motive for writing – "[n]o man but a blockhead ever wrote, except…