Anticybersquatting Consumer Protection Act
- September 26, 2014
This article, "Opportunist Registrations of Domain Names: What Is Going On, and What Tools Are Available for Trademark Owners," appears…
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Non-authorized use of trademark is not prohibited as long as the use is fair, but “fair” is narrowly defined under…
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Of the four enumerated circumstances of bad faith in paragraph 4(b) the first three describe bad faith registration while the…
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The standard of proof for abusive registration is preponderance of the evidence. In lay terms the evidence must be sufficient…
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See Anthology of Commentaries -- 2014 To prevail in a udrp proceeding trademark rights should be acquired before corresponding domain…
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"Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting Under the Uniform Domain Name Dispute Resolution…
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One could argue, totally at odds with UDRP precedent, that it is unfair of a domain name registrant to renew…
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Respondent reaches safe harbor under the UDRP either by proving good faith or complainant is unsuccessful in proving bad faithParagraph…
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Close legal questions (or, questions said to be close and difficult) pose a particularly hard problem because they open the…
, , - May 2, 2013
The UDRP analysis begins with assessing the closeness of the domain name to the trademark. Identical is letter by letter…
, , - March 12, 2013
Both the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Resolution Policy, paragraph 4(c)(i-iii) (UDRP) prescribe safe harbor…
, - February 15, 2013
Design trademarks combine figurative element(s) with word(s). The words may or may not be registrable standing alone. That they are…
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