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Warranties and Representations on Purchasing Domain Names: What are they Worth?
The WIPO Final Report published in April 1999 from which sprung the UDRP the following October is useful in shedding…Trademark Owners’ Rights to Corresponding Earlier Registered Domain Names
As I pointed out in last week’s essay, having trademark rights that come into existence later than registrations of corresponding…Fair Contracts for Authors
Gerald M. Levine, co-author In May 2015, the Authors Guild announced its Fair Contract Initiative, and more recently the Internatioanl…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…To What Extent May Panels Perform Independent Research?
Panels are sworn to neutrality, but there has developed under the UDRP space for them to perform independent research “if…Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation
The two bookends of speaking one’s mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in…Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?
Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a…Registering and Monetizing Personal Names
At the top of WIPO’s list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is “Hugo…Proving and Rebutting Respondent Lacks Rights or Legitimate Interests
Paragraph 4(a)(ii) of the Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that…Overreaching Trademark Owners and the Misguided Better Right Theory of Domain Name Ownership
In Blogs devoted to news from the domain name industry and douaniers there is great glee in reporting about overreaching…Panels Draw Inferences Whether or Not the Parties Like It
It is unlikely complainants will admit to overreaching on claims of cybersquatting or respondents to unlawful conduct in registering and…Respondents Lose for Lack of Any Defensible Proof
Respondents prevail in approximately 12% to 15% of cybersquatting disputes overall, but a higher percentage prevail if they appear and…