- February 8, 2013Although timing of a trademark registration is not a factor for standing it is critical in assessing bad faith. Unless…
- January 26, 2013Panels in formative cases held there was “no room for general equitable doctrines under the Policy such as would be…
- January 17, 2013I have pointed out in earlier Notes that the Uniform Domain Name Resolution Policy (UDRP) and the Anticybersquatting Protection Act…
- January 11, 2013Respondent’s burden of persuasion under paragraph 4(a)(ii) of the Policy is disjunctive. It satisfies the requirement if it has either…
- January 3, 2013There is not an available, corresponding domain name for every trademark so it would seem prudential for a party before…
- December 27, 2012In a federal action under 15 U.S.C. 8131 (Cyberpiracy protections for individuals) the district court for the Middle District of…
- December 17, 2012Personal names that are unregistrable as trademarks have no actionable claim under the UDRP for abusive registration of their names.…
- December 10, 2012Registrants in acquiring domain names and trademark owners in complaining of abusive registration are both required to submit to the…
- December 4, 2012Complainants cannot claim standing for intent to use applications since the first use in commerce is prospective. This applies to…
- November 25, 2012Registering surnames for operating a vanity email service is a legitimate business model. The problem comes when the trademark is…
- November 22, 2012The Report of the Second WIPO Internet Domain Name Process, The Recognition of Rights and the Use of Names In…
- November 16, 2012Domain names composed of few letters are extremely prized; the more so as the number of third parties legitimately claiming…