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Archive | June, 2016

No Time Bar for Cybersquatting Claims Under UDRP

Headline in, June 18, 2016: “Wow: 20 Year Old Domain Name WorldTrade Lost in UDRP.”  For those who don’t follow UDRP decisions carefully this may elicit, how can this be? Well, surprised or not, and assuming complainant has priority in the string of characters that is both a domain name and a trademark […]

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Providers and Arbitrators Immune from Liability for Acting in Their Official Capacities

Blog was originally posted on the NYSBA ADR Section Blog, June 23, 2016. There have lately been a number of decisions around the country with rulings on immunity for arbitrators and providers acting within their official capacities, and it would not be amiss to take a quick tour of the claims and judicial responses to […]

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Statutory Remedies for UDRP Grievants

The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award, namely an action for declaratory judgement under the Anticybersquatting Consumer Protection Act (ACPA). The action is not an appeal, but a de novo assessment of the parties’ rights, either that the domain name holder is […]

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Architectural Underpinning: Consequences of Violating Provider Rules

First Published in the New York State Bar Association ADR Section Journal, New York Dispute Resolution Lawyer, May 2016 No arbitration decision is complete without the court acknowledging that public policy favors this form of dispute resolution.1 The goal finds particular expression in judges’ restraint from second-guessing arbitrators’ awards.2 The U.S. Supreme Court has held […]

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Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner’s marks and injuring consumers by beguiling them to disclose personal information. The forum is […]

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Declaring and Declining to Find Reverse Domain Name Hijacking

What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as “using the UDRP in bad faith […]

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