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The Respondent Who Specializes in Misspellings
As trademarks composed of dictionary words or descriptive phrases descend the classification scale there is an increasing likelihood of registrants…What Does it Take for Complainant to Lose a UDRP Dispute?
Proof in a UDRP dispute is a step by step process; complainant builds its case in a logical progression: this…Lapsed and Abandoned Domain Names Returned to General Pool
Unlike trademarks that are owned (even if not registered) domain names are leased for renewable periods without end, but can…No Barrier to Reading Across the Dot
Even before the introduction of new top level domains in 2014 Panels had grappled with the before and after the…Taking a Second Bite: Rehearing a Decided Case
The UDRP has no specific rules for rehearing or reconsidering a complaint. It is one of those legal issues left…When Bad Faith Use Precedes Renewal and Continues After It
Ordinarily, a domain name registered in good faith that is subsequently used in bad faith is invulnerable to a charge…Derivative Works: Who Owns What?
Co-Author Gerald M. Levine Courts have recently been busy dealing with the puzzling concepts of derivative works, fair use, and…What Inferences Can Be Drawn from a Whois Record Update?
Although complainants of trademarks postdating the registration of domain names have standing to maintain a UDRP proceeding they have no…Consents to Transfer: Foregoing Traditional UDRP Analysis
There has been a noticeably larger number of cases over the past several months of respondents consenting to cancellation or…Certifying to Merit of Cybersquatting Claim Where There is None
There is no merit to the belief held by some trademark owners that domain names corresponding to trademarks infringe their…When is Re-Registration or Renewal of Registration Actionable Under the ACPA?
Jysk Bed'N Linen v. Dutta-Roy , 13-15309 (11th Cir. December 16, 2015) Although the UDRP and the ACPA have different…Entitlement to Short Letter Domain Names
Claims of cybersquatting for registering and holding two and three letter domain names have a history dating back to the…