- November 22, 2011An employee charged to attend to his employer’s intellectual property assets can have no right or legitimate interests in domain…
- November 17, 2011There are two lines of reasoning from U.S. circuit courts on the issue of whether transfer of a domain name…
- November 15, 2011See Anthology of Commentaries -- 2014 The test for establishing confusing similarity is relatively modest. Less or more so is…
- November 10, 2011Distinctiveness (despite the affirmativeness of the word) is a fluid concept. It could mean "distinctive" in its class but not…
- November 8, 2011An abusive registration presupposes either an existing trademark or knowledge of its existence when registering the domain name. If the…
- November 3, 2011One of complaints against UDRP is inconsistency in decision-making. This comes about because Panels are not obliged to follow precedent,…
- November 1, 2011Unless personal names have achieved trademark status, they are not protected under the UDRP. Excluded are living persons whose reputations…
- October 27, 2011There is a strong consensus that a complainant's demand for transfer of a domain name that is identical or confusingly…
- October 25, 2011There is no administrative appeal to a UDRP order, but the aggrieved party has the right to challenge an order…
- October 21, 2011Ordinarily, a domain name registered prior to the complainant’s acquisition of a trademark could not have been registered in bad…
- October 19, 2011“Given the human capacity for mischief in all its forms” (said one Panel) “the Policy sensibly takes an open-ended approach…
- October 14, 2011Free speech is not listed as one of the Policy's examples of a right or legitimate interest in a domain…