Abusive registration
- October 28, 2016
Corresponding to Trademarks, But Nonactionable Claims for Cybersquatting
The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which…
- October 20, 2016
The Importance of Protecting Credibility: Claiming and Rebutting Cybersquatting
The UDRP is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings…
- October 13, 2016
Supplementing the Record in UDRP Proceedings; When Acceptable?
The UDRP limits parties’ submissions to complaints and responses; accepting "further statements or documents" is discretionary with the Panel (Rule…
- October 3, 2016
Noncommercial and Fair Use in Rebutting Claims for Abusive Registration of Domain Names
The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful…
- September 26, 2016
Filing Cybersquatting Complaints With No Actionable Claims
I noted in last week's essay three kinds of cybersquatting complaints typically filed under ICANN'S Uniform Domain Name Dispute Resolution…
- September 19, 2016
Three Kinds of UDRP Disputes and Their Outcomes
There are three kinds of udrp disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that…
- September 12, 2016
Getting it Right the First Time; Second Chance With New Facts
UDRP complainants are expected to get it right the first time, and if they don't there's a narrow window for…
- September 5, 2016
Masking Identity with Proxy/Privacy Services
No censure attaches to having domain names registered by proxy/privacy services. However, while the practice has become routine for protecting…
- August 29, 2016
Trademark Overreaching and Faux Cybersquatting Claims
Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that…
- August 22, 2016
Challenging UDRP Awards in Courts of Competent Jurisdiction
The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive forum for the resolution of domain names accused…
- August 15, 2016
Reselling Domain Names on the Secondary Market: Bona Fide Offering, or Not?
On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that…
- August 8, 2016
Fair Use Registration of Domain Names for Artists and Hobbyists
There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in…