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Timing, Geographic Distance and Knowledge of Trademark
How does a trier determine that the respondent registered a disputed domain name in bad faith when the respondent fails…Timing and Acquisition of Rights for “Intent to Use” Trademark Applications
Holders of trademarks composed of common words not infrequently flatter themselves as to their symbols' distinction and market reach. It…Rendering a Decision Within the Confines of the Policy
Another panelist silently rejects the retroactive bad faith construction of the Policy which argues for disjoining the conjunctive requirements for…Legitimate Interest in Domain Name Despite Knowledge of Trademark Holder
It is not unusual to find trademarks composed of common terms competing in the cyber marketplace for the attention of…Progressive Encroachment on Complainant’s Trademark
To have a trademark when commencing the UDRP proceeding is sufficient to satisfy the requirement, but not enough to prevail…Complainant’s Failure to Police Its Trademark Over a Prolonged Period of Time
Mere delay by a trademark holder in claiming abusive registration is not barred by the doctrine of laches, although this…Fair Use of Trademark for Comment and Criticism
It is fair use of trademark as entry to a website devoted to comment and criticism. Paragraph 4(c)(iii) of the…License May Be Evidence of a Right But Is Not Evidence that Licensee Has the Right For Transfer of Infringing Domain Name
“Kineret” or “Kinneret” is the Biblical name for the Sea of Galilee. It is also the name of a drug…Google Settlement of Digitization of Books Derailed
A number of Guild members have asked me about the Google Settlement. Those who opted in saw an opportunity for…Domainer’s Responsibility for Creating a Filtering System to Prevent Competitive Links
Domainers are held to a higher standard for investigating bulk acquisitions. Denying knowledge of the complainant and its trademark is…Credibility as a Factor in Determining Bad Faith
Fortuity can enter into the choice of name, but it is tenuous when the trademark is an arbitrary collation and…Trademark Infringement and Dilution Not Within Scope of the Policy
In denying relief to a trademark holder for a claim that exceeds the Policy's scope Panels explain that "the decision…