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Application to Register a Trademark That Has a History of Use in Commerce As Well as Receiving Significant Media Coverage
The complainant's threshold burden for maintaining a UDRP proceeding is to prove that the disputed domain name is identical or…Complaint Dismissed for Failure to Make a Prima Facie Case
Paragraph 4(a)(ii) of the Policy is framed in the present tense: the respondent "lacks rights or legitimate interests" in the…Work Made for Hire, Copyright Ownership and Assignment
Authors own their copyrights. It is their intellectual property to do with as they will. But, in some instances either…Non Commercial Use of the Domain Name and What Constitutes Use
“Actively used” does not require the domain name to resolve to an active website, although websites are “the prevalent use.”…Typographical Variation of a Common Word: Typosquatting a Registered Mark
Adding, subtracting and transposing letters would seem to imply both knowledge of the complainant's trademark and an intention to capitalize…Inactivity of Domain Name a Factor in Determining Intent, Not Conclusive of Bad Faith
Activity is full of evidentiary possibilities. It enlarges the sphere from which inferences can be drawn and can be said…Constructive Notice of Trademark Does Not Satisfy the Knowledge Requirement of UDRP
The Lanham Act, 15 U.S.C.A at § 1072 provides that registration of a trademark on the principal register is constructive…Denying Relief When the Complex of Facts Exceeds the Scope of UDRP
The UDRP forum is available to trademark holders to resolve disputes of cybersquatting, but not for commercial disputes in which…Discretion to Terminate a Proceeding When Parties Have Also Commenced a Court Action
Discretion to Terminate a Proceeding When Parties Have Also Commenced a Court Action The UDRP is not a coordinate forum…Recognizing the Rights of a Beneficial Owner of Domain Name Held In Another’s Name
Concealing the identity of the beneficial owner of a domain name is perfectly legal. There is no prohibition for using…A Complainant’s Right to Maintain a UDRP Proceeding Not Defeated Because Its Trademark is From a Different Jurisdiction Than Respondent’s Domicile
A complainant has standing to prosecute a UDRP dispute regardless of the jurisdiction in which it acquired its trademark or…Good Faith in Registering Common Words and Phrases Exploited for Their Generic Meanings
It is not illegitimate to use domain names for pay-per-click revenue. According to the WIPO Overview of WIPO Panel Views…