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Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase “confusing similarity”, and once in paragraph 4(b)(iv) in the phrase “likelihood of confusion.” Each use of the distinctive phrases is directed to a different observer. More of this in a […]

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Passive Holding of Domain Name Not Grounds for Forfeiture

It is an interesting phenomenon that complainants and their counsel continue to believe that trademark owners have greater rights to corresponding domain names than domain name holders who have priority of registration. Their arguments unfold in a familiar line of false reasoning that inactivity of use and renewal of registration (to take just two contentions) […]

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Safe Harbor for Service Providers

This article was first appeared in the New York Law Journal, September 30, 2015 GoDaddy.com, which is the largest registrar in the US with over 60 million domain names under management, has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA), Petroliam Nasional Berhad decided in 2013 and Academy […]

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Standard for Declaring Reverse Domain Name Hijacking

See Anthology of Commentaries — 2014 Except where complainant’s claim is truly egregious for which there can be said to be a “settled policy”––Happy as Clams, Inc., a California Corp., DBA Date Like a Grownup v. Heather Dugan, D2014-1655 (WIPO November 1, 2014)––there is no fixed standard for declaring reverse domain name hijacking. This is […]

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Financial Consequences of Cybersquatting: A Cautionary Tale

Except for the time and expense of having to defend claims of infringement there are no severe financial consequences of cybersquatting under the Uniform Domain Name Dispute Resolution. The UDRP is essentially a summary proceeding for evicting domain names from their cyber spaces, either cancelling registrations of infringing domain names or transferring the registrations to […]

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No Consensus for Reverse Domain Name Hijacking

There is no consensus for reverse domain name hijacking; rather, there is a diversity of views about the conduct that would support it. Rule 15(e) authorizes the Panel “to declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding … [i]f after considering the submissions […]

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