- August 19, 2010The first five UDRP decisions (1 commenced in1999 and the first four of 2000) were decided in Complainants’ favor without…
- August 18, 2010Celebrities whose names are source indicators have common law trademark rights, thus standing under the Policy to capture corresponding domain…
- August 17, 2010In the curious case of Eneco BV v. Eneco, D2010-0548 (WIPO July 7, 2010) – curious because the Panel made…
- August 16, 2010The complainant has the burden of proof on all elements of the Policy. It is lighter where the complainant has…
- August 13, 2010A respondent violates paragraph 4(b)(i) of the Policy if it is found to have registered the domain name “primarily for…
- August 12, 2010Under the UDRP the losing respondent has 10 days to commence an action in a court of law in a…
- August 11, 2010“When a domain name is registered before a trademark right is established, the registration of the domain name was not…
- August 10, 2010Of 19 UDRP proceedings commenced by SAP AG 5 were terminated and in 9 the Panels ordered the disputed domain…
- August 9, 2010The Panel in Facebook, Inc. v. Amjad Abbas, DME2010-0005 (WIPO July 13, 2010) addresses an issue of first impression, namely…
- August 6, 2010We associate opportunism with respondents, but it equally describes a class of complainants who overreach their trademark rights in an…
- August 5, 2010Complainant has the initial burden of proof while respondent has the burden of persuasion on the right or legitimate interest…
- August 4, 2010I noted yesterday that secondary meaning is earned not presumed. Panels determine first whether there is jurisdiction. If there is,…