The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
Proving a Common Law (Unregistered) Trademark
Relief under the UDRP is not closed to unregistered trademark holders – they too are covered – but the burden…Ignoring or Failing to Understand the UDRP’s Evidentiary Demands
One appellate panel humorously said of the UDRP proceeding that it was "adjudication lite" lite"because of "its streamlined nature and…Complaining Law Firm and Partners: UDRP’s Limited Subject Matter Jurisdiction
Paragraph 4(c)(iii) of the Policy reads: "[Y]ou are making a legitimate noncommercial or fair use of the domain name, without…Totality of Facts Analysis of Bad Faith for Common Words and Descriptive Phrases
Friction between holders of trademarks composed of common words or descriptive phrases and domain name registrants rests on the variable…Proving Trademark Right: Unregistered and Tradename
Paragraph 4(a)(i) of the Policy is silent on the rights the complainant seeks to vindicate. However, within the first few…Rule 12 and the Panel’s Inquisitional Role in Eliciting Further Statements
The UDRP is essentially an adversary proceeding. Panels have pointed out in response to parties requesting them to inquire and…Clearing Permissions to Use Photographic Images
I recently reviewed a manuscript of a non-fiction, semi-scholarly work analyzing images of historical prophesy (tarot) cards. The author explained…What Factual Circumstances Support Refiling a Complaint?
Unlike some country code Policies, the UDRP makes no provision for an administrative rehearing or appeal by an aggrieved party.…Rights in a Name Do Not Qualify as an Unregistered Trademark
The Panel in Comité Interprofessionnel du vin de Champagne v. Steven Vickers, DCO2011-0026 (WIPO June 21, 2011) posed the following…Suspicious, But Not Sufficient Evidence to Support Abusive Registration
A domain name identical or confusingly similar to a trademark is not dispositive of abusive registration; neither is a respondent's…What It Means To Be “Commonly Known By the Domain Name”
Paragraph 4(c)(ii) of the Policy is written in the past tense, "have been commonly known by the domain name" (emphasis…Asserting Rights to Domain Names Allegedly Owned by Client Customer Who Either Is No Longer in Business or a Figment of the Respondent’s Imagination
Domain names violate the Policy when the purpose for their registration is to take advantage of another's trademark. Intent is…