Trademarks and domain names
- September 11, 2023
Prepublication (work in progress) Clash_Entire_091123 Clash_Volume2_Indexes_and_Tables
, - August 1, 2016
For registrants who are not trademark owners losing their domain names can be an irretrievable loss; and for trademark owners,…
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When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999 the number of registered domain names were…
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The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award,…
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The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes…
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What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack…
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Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can…
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The Rise of Cyber-Entrepreneurs Trademarks have a long history; domain names are of recent origin. Trademarks were "invented" to "identify…
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Panels are sworn to neutrality, but there has developed under the UDRP space for them to perform independent research “if…
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The two bookends of speaking one’s mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in…
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Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a…
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