Abusive registration
- August 11, 2017
Noteworthy Domain Name Decisions for 2017
Noteworthy Domain Name Decisions is a running collection of annual decisions that taken together provide insight into the jurisprudence applied…
- July 24, 2017
No Time Bar, No Laches under the UDRP
Two UDRP decisions posted this month involved domain names registered 20 and 21 years ago, David Duchovny v. Alberta Hot…
- July 10, 2017
Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?
Naming is the first imperative. It as much precedes the launching of new lives as it does new businesses. Names…
- June 20, 2017
New Standard for Reverse Domain Name Hijacking
UDRP Rule 1 defines RDNH as “using the Policy in bad faith to attempt to deprive a registered domain name…
- June 13, 2017
Building a Case for Cybersquatting Under the UDRP
A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the…
- June 6, 2017
Charting the Balance between Trademark Owners and Domain Name Holders: A Jurisprudential Overview
Efforts to combat cybersquatting began in earnest in 1998 when the World Intellectual Property Organization (WIPO) (at the request of…
- May 29, 2017
Core Principles of Domain Name Law Created in UDRP Proceedings
When in the Fall of 1999 the Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Domain Name…
- May 26, 2017
What It Takes to Prove Common Law Rights
The Uniform Domain Name Dispute Resolution Policy now has seventeen years of history. A high percentage of disputes are indefensible…
- May 16, 2017
Balancing Rights: Mark Owners, Emergent Businesses, and Investors
Is there any act more primary than naming? It comes before all else and makes possible what follows. For the…
- April 28, 2017
Commodifying Words and Letters in the .Com Space
Words (and by extension their constituent letters) are as free to utter and use as is the air sustaining life.…
- April 18, 2017
In Whose Language? Cybersquatting by Foreigners
There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone, anywhere…
- April 3, 2017
Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture
There is a misconception among some trademark owners and their counsel that passive holding of domain names alone, Sandy Frank…