Abusive registration
- March 27, 2017
Trademarks and Domain Names Composed of Common Terms
The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone…
- March 14, 2017
Sanctionable Conduct for Abusing the UDRP Process
To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in…
- February 27, 2017
Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law
The general run of UDRP decisions are unremarkable. At their least they are primarily instructive in establishing the metes and…
- February 17, 2017
Timing is All: Registrant Cybersquatting or Mark Owner Overreaching?
Admittedly, timing is not altogether “all” since there’s a palette of factors that go into deciding unlawful registrations of domain…
- February 6, 2017
Identical or Confusingly Similar to Trademarks but Noninfringing Domain Names
Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of…
- January 25, 2017
Counterfeit Marks and Counterfeit Goods: Pretense in Cyberspace
The term “counterfeit” is defined under U.S. trademark law as “a spurious mark which is identical with, or substantially indistinguishable…
- January 5, 2017
Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting
The Respondent’s cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO…
- December 27, 2016
Using Privacy/Proxy Services Lawfully or to Hide Contact Information and Identity
Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism…
- December 19, 2016
Good Faith and Abusive Registration of Domain Names
Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain…
- December 12, 2016
Appearing Respondents Called Out as Cybersquatters
UDRP complainants prevail in the range of 85% to 90% which approximately correlates with the percentage that respondents default in…
- November 29, 2016
Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?
Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may…
- November 21, 2016
UDRP Standing: Proving Unregistered Trademark Rights
The Uniform Domain Name Dispute Resolution Policy is a nonexclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting…