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Business Disputes Outside the Scope of the Policy
A reasoned decision that a dispute is outside the scope of the Policy has the effect of leaving the domain…Establishing Secondary Meaning for Unregistered Marks
Paragraph 4(a)(i) of the Policy requires a complainant to demonstrate that it has a trademark. If registered, the requirement is…The Line Dividing Infringing from Legal Conduct is Sometimes Difficult to Draw
I briefly mentioned Quester Group, Inc. v. DI S.A., D2010-1950 (WIPO February 14, 2011) in my Tuesday March 15 Note…Benefit of the Doubt on the Issue of Bad Faith Favors the Respondent
Since the complainant has the burden of proof, any doubt that the respondent registered and is using the domain name…Electronic Rights: Verbatim Text Editions and Multimedia Products
About electronic rights" there are two fundamental questions: What are electronic rights? And, Should an author grant or retain them?…Inadvertent Lapse of Domain Name Registration
Inadvertent lapse renewing domain name registration has consequences that have to be understood by both the loser and finder. Some…Engaging in Extensive, Widespread Publicity of Website and Service Prior to Domain Name Registration
As a general rule, domain name registrations that precede trademark rights cannot have been in bad faith even though (and…Dueling Constructions of the Policy When Panelists Concur as to Respondent’s Bad Faith Use
In words or substance panelists have stated in thousands of decisions that the UDRP is not a trademark court. Its…When UDRP Claims Become Trademark Bullying
Trademark owners have an inherent right to protect their brand but not to a corresponding domain name in all instances…Equal Protection for Unregistered Trademarks, Common Law and Civil Law
Paragraph 4(a)(i) of the Policy is silent on whether the right the complainant is seeking to vindicate must be registered,…Invoking the ACPA Against Defendant with Knowledge of Plaintiff’s Use in Commerce Prior to Application for Trademark
The disjunctive feature of the Anticybersquatting Consumer Protection Act makes it less tolerant than the UDRP of registrants of domain…What Use Triggers a Right or Legitimate Interest in a Domain Name?
Where a trademark preexists a domain name the registration may be suspicious but “a legitimate right or interest can certainly…