- September 22, 2014Trademark dictionary words, compounds, phrases and acronyms (or strings of arbitrary letters complainants claim as trademarks) are regularly contested in…
- September 14, 2014Abuse of process in a UDRP proceeding carries risk for reverse domain name hijacking if respondent appears and proves complainant…
- September 7, 2014Non-authorized use of trademark is not prohibited as long as the use is fair, but “fair” is narrowly defined under…
- August 29, 2014Lapse of time versus a laches defense to cybersquatting claim in a udrp case is likely to benefit domain name…
- August 25, 2014Ordinarily, complaints are dismissed for two reasons (or the same reason but expressed in two different ways): either the complainant…
- August 5, 2014Paragraph 4(c)(iii) of the Policy recognizes the free speech defense but this is one of the blurry areas of domain…
- July 30, 2014Of the four enumerated circumstances of bad faith in paragraph 4(b) the first three describe bad faith registration while the…
- July 15, 2014First published on the New York Bar Association, ADR Section website July 15, 2014 Finding that an arbitrator has exceeded…
- July 12, 2014In the hierarchy of standards “beyond a reasonable doubt” (criminal intent) is higher than “clear and convincing” (URS) which is…
- June 29, 2014The standard of proof for abusive registration is preponderance of the evidence. In lay terms the evidence must be sufficient…
- June 2, 2014See Anthology of Commentaries -- 2014 The burden of proof is always with the complainant but it does not have…
- May 24, 2014Sunrise for new TLDs refers to a stipulated period during which trademark owners may defensively preregister domain names prior to…