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Archive | September, 2013

Personal Names Not Protected

UDRP’s limited jurisdiction extends to personal names only if they qualify as trademarks. Some attempt has been made to justify widening the included class but the argument in its favor has failed to persuade other panelists and the consensus remains undisturbed. If the personal name is not in commerce as the source of goods or […]

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Reaching Safe Harbor under the UDRP

Respondent reaches safe harbor under the UDRP either by proving good faith or complainant is unsuccessful in proving bad faithParagraph 4(c)(iii) of the Policy is backward looking; that is, it rejects any claim of future, non infringing plans for the domain name. It contrasts with paragraph 4(c)(i) which includes a forward looking defense based on […]

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