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Prominent Business Persons and Domain Names
It is a general principle in UDRP jurisprudence (as it is under trademark law) that personal names are not registrable…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…Failing to Prove Abusive Registration Through Ineptness
Unlike court actions default in responding to complaints is not deemed an admission of liability. Complainant carries the burden to…Noteworthy Domain Decisions April to July 2015
Noteworthy Domain Decisions for August 2015 Hugedomains.com, LLC. v. Wills, 14-cv-00946 (D.Colorado July 21, 2015). Plaintiff, earlier Respondent Austen Pain…Good and Bad Faith in Registering and Using Domain Names
Complainant prevails only if it proves conjunctive bad faith. Bad faith use can be inferred if the proof supports bad…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…Noteworthy Domain Decisions July 2015
For earlier Noteworthy Domain Decisions go to: April, May, & June 2015 Hugedomains.com, LLC. v. Wills, 14-cv-00946 (D.Colorado July 21,…Overreaching: Priority of Rights to Domain Names
Complainants whose trademarks postdate domain name registrations continue to misunderstand the law as it applies to their rights under both…Celebrating 305 Years of Statutory Copyright Law
Gerald M. Levine, Co-author Rights in Literary Property The United States Copyright Office and many people on social media, particularly…Terminating or Suspending a UDRP Proceeding
The UDRP as a nonexclusive forum for resolving disputes over domain name registrations allows respondents to remove complainant’s claim to…Authors and Domain Names
Copyright law is the principal system for protecting authors’ creations. It confers rights without requiring any other action, but in…Trademark Owner’s Right to Earlier Registered Domain Name
The Anticybersquatting Consumer Protection Act (ACPA) provides that “[a] person shall be liable in a civil action by an owner…