- January 25, 2010Companies that are oaks today were acorns yesterday. A complainant’s market presence today can be a determining factor for a…
- January 22, 2010Just as with current use of trademarks existing in different classes, a trademark holder and a domain name registrant can…
- January 21, 2010A transferee cannot argue that it is untainted by its transferor’s male fide conduct during its ownership and use of…
- January 20, 2010The Panel in Torus Insurance Holdings Limited v. Torus Computer Resources, D2009-1455 (WIPO January 10, 2010) is the first panelist…
- January 19, 2010A distributor’s right or legitimate interest in a domain name depends upon the circumstances under which it acquired the domain…
- January 15, 2010A trademark holder’s rights are prospective; they may reach back on proof of trademark use in the market place and…
- January 14, 2010Rule 14(b) of the Policy provides that if a party does not answer the complaint or comply with any request…
- January 13, 2010Paragraph 4(a)(ii) of the Policy is the fulcrum test for both parties. If the respondent demonstrates that it has a…
- January 12, 2010Trademark composed on geographic indicator is on the lower end of protectability where the domain name is used in its…
- January 11, 2010The general rule is that parties who utilize generic terms as trademarks or service marks (dictionary words, common phrases) cannot…
- January 8, 2010Registering domain names composed of dictionary words improves the likelihood of good faith even if they conflict with existing trademarks,…
- January 7, 2010I am returning to this issue of “retroactive bad faith” because it is beginning to receive attention from a number…