- January 12, 2012Unless personal names have achieved trademark status they are not protected under the UDRP and there can be no injunctive…
- January 10, 2012There can be inadvertent infringing use of domain name without incurring forfeiture. Complainants of trademarks on the lower end of…
- January 5, 2012Lego is one of those trademarks instantly recognizable in the marketplace. The number of UDRP proceedings against Lego infringers runs…
- January 3, 2012There have been a number of cases lately in which complainant has either failed to prove a prima facie case…
- December 28, 2011Giving a party the benefit of the doubt is really shorthand for insufficiency of the other’s evidence. In the first…
- December 23, 2011A UDRP record is similar in some respects to a motion for summary judgment in a civil action in that…
- December 20, 2011Panels are typically faced with a cascade of options in resolving UDRP disputes. Complainants do not necessarily prevail for proving…
- December 15, 2011The Policy’s scope is limited to “‘abusive registrations’ made with bad faith intent to profit commercially from others’ trademarks.” Second…
- December 13, 2011As a general rule, marks that share a common characteristic or dominant element can receive protection as one of a…
- December 9, 2011For a respondent to succeed in showing it is who it says it is it must make an affirmative showing…
- December 6, 2011Ordinarily, personal names are not registrable for trademark because they are not sources of goods or services but celebrities can…
- November 29, 2011Complaint must show a reputation when domain name was registered; a present reputation alone is insufficient if trademark had non…