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Panelists Authorized to Draw Such Inferences As They Consider Appropriate
One can think of a record (the kind submitted in support of legal relief) as a combination of statements and…Consensus Among Panels that the UDRP is a Conjunctive Regime
The UDRP is a "conjunctive" regime, which means that a finding of abusive registration requires proof that the respondent both…Achieving Secondary Meaning for UDRP Standing
An unregistered trademark is no less entitled to protection, 15 U.S.C. ยง1125 (Section 43 of the Lanham Act) if it…Reverse Domain Name Hijacking Presupposes Complainant Acted for an Improper Purpose
Neither mere lack of success of the complaint nor presenting a weak case is sufficient in itself to constitute reverse…Question of Bad Faith When Registrar Captures Revenue from Advertising Links
When the respondent captures revenue from advertising links to companies that compete with the complainant and lacks rights or legitimate…Jurisdiction for Domain Names Fraudulently Transferred
In a case not otherwise remarkable, the Respondent in Disney Enterprises, Inc. v. Cyber Domain Services Pvt.Ltd., FA1012001365612 (Nat. Arb.…The Burdens of Proof and Persuasion
"It is for the Complainant to prove its case under the Policy, not for the Respondent to prove his defense,"…The “In Mind” Requirement for Proof of Bad Faith
Complainants sometimes have an inflated view of their international reputation: that it has penetrated to the far corners of the…Appealing an Adverse UDRP Award
The Uniform Domain Name Dispute ResoThe Uniform Domain Name Dispute Resolution Policy is an arbitral process implemented in 1999 by…Priority in the Use of a Term Later Claimed as a Trademark
A holder's right accrues when it acquires its trademark. It is a going forward right; not one that reaches back,…Exploitative Intent: Key to Legitimacy and Good Faith
The key concept of the Policy is exploitative intent directed to a holder's trademark. If the respondent has registered and…Contracts That Resemble But Are Not Publishing Agreements
There is a difference between contracts offered by traditional publishers and contracts by printers that resemble but are not publishing…