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Archive | September, 2015

Competing for Domain Names: Registrants vs Trademark Owners

This article first appeared in Industry Today (9/16/2015) Domain names exist solely on the Internet. They are primarily functional elements. Trademarks exist in actual as well as virtual marketplaces. They too are functional when they act as domain names but they have an additional dimension. And therein lie opportunities for infringement of rights and deceptions […]

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Prominent Business Persons and Domain Names

It is a general principle in UDRP jurisprudence (as it is under trademark law) that personal names are not registrable as trademarks, so it follows that a person has no right to a domain name corresponding to his or her name unless the name has acquired distinctiveness by being used in commerce and is recognized […]

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Concurrent Trademark Rights Not Grounds for Cybersquatting

It is out of the ordinary for respondents in UDRP proceedings to have registered trademarks; it is more so that parties should also be in the same business. It may be suspicious that the later to register was unaware of the earlier but domain name registrants are under no duty to search trademark databases to […]

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