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Clash of Trademarks and Domain Name on the Internet
Prepublication (work in progress) Clash_Entire_091123 Clash_Volume2_Indexes_and_TablesSearching for the Meaning of “Registers” in the ACPA
Where outcomes depend on a word’s meaning, the first task is to define it. “Registers” which is one of the…What Due Diligence Satisfies Registrant’s Representations (UDRP)?
Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have…Offering Price As Evidence of Bad Faith Registration: A False (UDRP) Factor
I have pointed out in earlier posts that some panelists disapprove the business of speculating in domain names. There have…Satisfying the Evidentiary Demands of the UDRP
It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or…The Question of Fairness in UDRP Decision-Making
In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) parties should be able to rely on Panels delivering…Words and Descriptive Phrases as Trademarks Registered as Domain Names
In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to…UDRP Complaint: Actually, a Motion for Summary Judgment
This essay expands a talk presented at the 27th Fordham International IP Conference on April 26, 2019. Trademark owners (and…Credibility and Disbelievablity as it Affects Outcomes in UDRP Proceedings
“Credibility” in English comes through Middle French from a Latin word signifying trustworthiness and reliability in business and personal transactions…Dictionary Words Alone or Combined Functioning as Trademarks are no Less Dictionary Words
By definition “[a]ny word” or “any combination [of words]” can function as trademarks, but whether alone or combined for that…Noteworthy Domain Name Decisions for 2019
Noteworthy Domain Name Decisions is a running collection of annual decisions that taken together provide insight into the jurisprudence applied…Prudential Settlements for Alleged Cybersquatting/Reverse Domain Name Hijacking Under the ACPA
Given the number of awards endlessly arriving from Panels appointed to decide cybersquatting disputes under the Uniform Domain Name Dispute…