- April 18, 2017There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone, anywhere…
- April 3, 2017There is a misconception among some trademark owners and their counsel that passive holding of domain names alone, Sandy Frank…
- March 31, 2017Once parties have voluntarily agreed to resolve their disputes by arbitration courts have no authority to intervene in the proceeding…
- March 27, 2017The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone…
- March 14, 2017To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in…
- February 27, 2017The general run of UDRP decisions are unremarkable. At their least they are primarily instructive in establishing the metes and…
- February 17, 2017Admittedly, timing is not altogether “all” since there’s a palette of factors that go into deciding unlawful registrations of domain…
- February 6, 2017Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of…
- January 25, 2017The term “counterfeit” is defined under U.S. trademark law as “a spurious mark which is identical with, or substantially indistinguishable…
- January 5, 2017The Respondent’s cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO…
- December 27, 2016Introduction: In the United States authors' rights to enjoy the fruits of their labor are protected by the Constitution: "The…
- December 27, 2016Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism…