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Offer to Purchase vs. Counter Offer
It makes a difference which party initiates a negotiation to sell or purchase a disputed domain name. In SIX Group…Complainant’s Burden to Prove Knowledge and Intent
Respondent’s default to some extent lightens complainant’s burden to prove knowledge and intent while its appearance and rebuttal testimony heightens…Registration “Before Notice” and Offering Bona Fide Goods or Services Good Defense to UDRP Complaint
While merely registering and holding a domain name confers no right or legitimate interest, a domain name can be legitimized…Why Should a Complainant Who Has No Actionable Claim Be Excused of Wrongful Conduct in Maintaining a UDRP Proceeding?
A claim of reverse domain name hijacking (RDNH) ultimately rests on complainant untruthfully certifying that “the information contained in th[e]…Laches (+ 4(a)(ii)) = 4(c)(i)
Panels in the formative cases held that there was “no room for general equitable doctrines under the Policy such as…Denying Safe Harbor to Domain Names that Resolve to a Criticism Website
See Anthology of Commentaries -- 2014 Question 2.4 of the WIPO Overview of WIPO Panel Views on Selected U.D.R.P. Questions…Typosquatting and Appearance of Typosquatting
A respondent telegraphs both intent and knowledge when it squats on a trademark by creating minor typographical variations. There are…Distinguishing “Unfair” Commercial and Nominative Fair Use
Nominative use of a trademark is permissible when it is fair. It is fair when the domain name identifies the…Wariness in Granting Rights to Aggregators
Originally published as a Guest Blog on Writer Beware® September 7, 2012 Co-author, Gerald M. Levine There is a reason…Recapturing Inadvertently Lapsed Domain Names
Ownership of domain names can be tenuous. They can be lost beyond recapture through inadvertence. Trademarks, at least the registration…Consequences of an Unsatisfactory Manuscript
Co-author, Gerald M. Levine The traditional publishing process begins with an editor’s enthusiastic response to an author’s outline, proposal, and…The Importance of Timing in Asserting Priority in a UDRP Dispute
Timing is a critical factor in determining whether a complainant satisfies its first and third UDRP requirements. When parties’ acquire…