Trademarks
- April 25, 2016
As I pointed out in last week’s essay, having trademark rights that come into existence later than registrations of corresponding…
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There are two essential differences between the UDRP and the ACPA, one procedural and one substantive. The procedural difference is…
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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…
, , , , , , , - March 21, 2016
At the top of WIPO’s list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is “Hugo…
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Paragraph 4(a)(ii) of the Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that…
, , , , , , - March 9, 2016
In Blogs devoted to news from the domain name industry and douaniers there is great glee in reporting about overreaching…
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It is unlikely complainants will admit to overreaching on claims of cybersquatting or respondents to unlawful conduct in registering and…
, , , , , - February 22, 2016
As trademarks composed of dictionary words or descriptive phrases descend the classification scale there is an increasing likelihood of registrants…
, , , , , , , , - February 14, 2016
Proof in a UDRP dispute is a step by step process; complainant builds its case in a logical progression: this…
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Unlike trademarks that are owned (even if not registered) domain names are leased for renewable periods without end, but can…
, , , , , - February 5, 2016
Even before the introduction of new top level domains in 2014 Panels had grappled with the before and after the…
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