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Archive | July, 2014

Different Mind-Sets In Inferring Bad Faith Registration from Bad Faith Use

Of the four enumerated circumstances of bad faith in paragraph 4(b) the first three describe bad faith registration while the fourth (4(b)(iv)) describes bad faith use. A respondent may lack rights or legitimate interests in the domain name (4(a)(ii)) but if the evidence is insufficient to support an inference of bad faith registration there is […]

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Arbitrators Acting Within and Exceeding Their Powers

First published on the New York Bar Association, ADR Section website July 15, 2014 Finding that an arbitrator has exceeded his or her powers is exceedingly rare. An arbitrator’s interpretation of the parties’ contract prevails even if there is “arguably a better [one].” American Postal Workers Union, AFL-CIO v. United States Postal Service, __ F.3d […]

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Standards of Proof, URS and UDRP

In the hierarchy of standards “beyond a reasonable doubt” (criminal intent) is higher than “clear and convincing” (URS) which is higher than “preponderance of the evidence” (UDRP). The UDRP sets forth in general terms conduct that violates a trademark owner’s rights and respondent’s defenses of fair use and registration but to understand the fine points […]

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