Anticybersquatting Consumer Protection Act
- April 3, 2017
There is a misconception among some trademark owners and their counsel that passive holding of domain names alone, Sandy Frank…
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To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in…
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Admittedly, timing is not altogether “all” since there’s a palette of factors that go into deciding unlawful registrations of domain…
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Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of…
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The term “counterfeit” is defined under U.S. trademark law as “a spurious mark which is identical with, or substantially indistinguishable…
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The Respondent’s cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO…
, , , , , , , - November 29, 2016
Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may…
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The Uniform Domain Name Dispute Resolution Policy is a nonexclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting…
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The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which…
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The UDRP is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings…
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The UDRP limits parties’ submissions to complaints and responses; accepting "further statements or documents" is discretionary with the Panel (Rule…
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The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful…
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