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Applying Laches as an Affirmative Defense in UDRP Disputes
Panels in formative cases held there was “no room for general equitable doctrines under the Policy such as would be…Use in Bad Faith Alone Is Insufficient to Prove Cybersqatting
I have pointed out in earlier Notes that the Uniform Domain Name Resolution Policy (UDRP) and the Anticybersquatting Protection Act…Respondent’s Burden of Persuasion is Disjunctive: Rights or Legitimate Interests
Respondent’s burden of persuasion under paragraph 4(a)(ii) of the Policy is disjunctive. It satisfies the requirement if it has either…Registering Trademark With Knowledge that Corresponding Domain Name is Taken
There is not an available, corresponding domain name for every trademark so it would seem prudential for a party before…Vendor/Agent Holding Domain Name Hostage for Alleged Nonpayment of Fees
In a federal action under 15 U.S.C. 8131 (Cyberpiracy protections for individuals) the district court for the Middle District of…Abusive Registration of Personal Names
Personal names that are unregistrable as trademarks have no actionable claim under the UDRP for abusive registration of their names.…Invoking UDRP’s Mutual Jurisdiction Under Paragraph 4(k) and Rule 18(a)
Registrants in acquiring domain names and trademark owners in complaining of abusive registration are both required to submit to the…No Standing for “Intent to Use” Applications
Complainants cannot claim standing for intent to use applications since the first use in commerce is prospective. This applies to…Mixed Use (Vanity Email and PPC) of Surname Trademarks
Registering surnames for operating a vanity email service is a legitimate business model. The problem comes when the trademark is…Allegations of Cybersquatting of Personal Names
The Report of the Second WIPO Internet Domain Name Process, The Recognition of Rights and the Use of Names In…Author’s Right to Compensation for Intellectual Production
Co-author, Gerald M. Levine Authors’ incomes generally come from royalties and licensing revenues for works protected by copyright. He or…Domain Names Composed of Random Letters and Acronymic Trademarks
Domain names composed of few letters are extremely prized; the more so as the number of third parties legitimately claiming…