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Reaching Safe Harbor under the UDRP
Respondent reaches safe harbor under the UDRP either by proving good faith or complainant is unsuccessful in proving bad faithParagraph…Deliberate Misspellings of Trademarks
Typosquatting is the term applied to deliberate misspellings of trademarks. A high percentage of UDRP disputes involve domain names that…Benefit of Doubt in Decision Making
Close legal questions (or, questions said to be close and difficult) pose a particularly hard problem because they open the…Arbitrators’ Charging Lien
Arbitrators' Charging Lien was originally published in Resolution Roundtable (New York State Bar Association, Dispute Resolution Section) on August 13,…Disputes Within and Outside the Scope of the Policy
The Policy is tailored for cybersquatting disputes. Other disputes are outside the scope of the Policy, but within the scope…Need for Precise Language in Drafting Arbitration Clauses
Need for Precise Language in Drafting Arbitration Clauses first appeared on the New York State Bar Association, Dispute Resolution Section,…Appointing UDRP Panels and Disqualification
ICANN certified providers are solely reponsible for appointing UDRP panels. Sole member Panels are appointed by the Provider. The practice…Recapturing a Domain Name Fraudulently Transferred
In recapturing a domain name fraudulently transferred there is a common theme to losing it by inadvertent lapse of registration.…Trademarks Composed of Dictionary Words
See Anthology of Commentaries -- 2014 Trademarks composed of dictionary words are not protected against uses that take advantage of…Assessing Closeness of Domain Name to Trademark
The UDRP analysis begins with assessing the closeness of the domain name to the trademark. Identical is letter by letter…Unlikelihood of Having an Arbitration Award Vacated
First appeared on the New York State Bar Association, Dispute Resolution Section, “Roundtable” April 22, 2013 Arbitrators naturally express anxiety…Inadvertent Lapse of Both Trademark Registration and Domain Name
Occasionally, there is inadvertent lapse of both trademark registration and domain name. But, while falling out of the trademark registry…