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Cyber Infringement of Trademarks by Typosquatting

A fabled, serial cybersquatter of the early Internet argued that typographical errors in domain names were not cybersquatting at all because they had their own distinct identities. Moreover, “I have” (he argued) “just as much right to own the [misspelled] Domain Names as the person who owns the correct spelling of [a] domain name.” That […]

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Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark—instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement […]

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Quintessential and Other Acts of Bad Faith in Acquiring Domain Names

There are two essential differences between the UDRP and the ACPA, one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have […]

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Domain Names Combining Complainant’s Marks with Marks of Third Parties

Where there are multiple, related complainants each will be entitled to the domain name in which it has a right and a right to the remedy it elects. However, where the accused domain name is composed of trademarks owned by different parties, but only one is complaining the question turns on whether the complainant is […]

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Concurrent Trademark Rights Not Grounds for Cybersquatting

It is out of the ordinary for respondents in UDRP proceedings to have registered trademarks; it is more so that parties should also be in the same business. It may be suspicious that the later to register was unaware of the earlier but domain name registrants are under no duty to search trademark databases to […]

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Theft as Per Se Abusive Registration

It is an interesting proposition that certain conduct unrebutted be regarded as a per se violation of the UDRP; the very fact of the respondent having committed a certain act—hijacking a domain name is one, or threatening to point a domain name to adult content is another candidate (Gryphon Internet, LLC v. thank you corp. […]

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Authors and Domain Names

Copyright law is the principal system for protecting authors’ creations. It confers rights without requiring any other action, but in order to fully benefit from the law authors and parties to whom copyrights have been assigned or sold have to record their copyrights with the Copyright Office. Recordation is the key to protection. Once that […]

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Publication of Domain Name Arbitration

“Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting Under the Uniform Domain Name Dispute Resolution Policy,” Gerald M. Levine with a Foreword by Neil Brown QC will be published in Fall 2014. Cover to Domain Name Arbitration Inquire about review copy in pdf.  For more information about Domain Name Arbitration […]

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Deliberate Misspellings of Trademarks

Typosquatting is the term applied to deliberate misspellings of trademarks. A high percentage of UDRP disputes involve domain names that are “virtually” identical (complainant’s characterization in SAP AG v. / John Harvard, John Havard, D2013-1097 (WIPO August 9, 2013)), but more properly described as confusingly similar in making minor variations to the mimicked trademarks. […]

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