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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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Garnishing Domain Names

In the mid-1990s, domain names were seen primarily as addresses in cyberspace—much like telephone numbers or postal addresses to which they were analogized—rather than as assets of value in themselves. It quickly became apparent, however, that domain names could acquire a separate and independent value created by their active participation in the cyber marketplace. In […]

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Registrability of Words Standing Alone in Design Trademarks

Design trademarks combine figurative element(s) with word(s). The words may or may not be registrable standing alone. That they are or are not registrable is critical to determining confusing similarity. Non registrable terms are non-actionable because they fall into a category that cannot take on trademark status. The outcome of words disclaimed is more obvious; […]

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