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Proof of Common Law Right
The test for proving a common law right is demanding. It cannot be satisfied by asserting facts unaccompanied by evidence…Not all Offensive but Transient Linking is Presumptively Bad Faith
There are two classes of respondents whose registrations have been found to be immune from presumptive bad faith use even…Plain English Words Adopted as Trademarks by Foreign Companies
Domain names that mimic trademarks composed of common words that have achieved extraordinary penetration in the domestic and international marketplaces…Omitting, Adding, Transposing and Substituting Letters as Evidence of Typosquatting
The Panel in Apple Inc. v. Andrew Sievright, Domain Source, D2010-1916 (WIPO December 8, 2010) (<appl.com>) notes that "[t]yposquatting is…Legitimate Business Model to Use or Sell Domain Names Composed of Generic Terms Without Intention to Profit from Complainant’s Trademark
In prosecuting a claim under the UDRP the complainant cannot prevail unless it demonstrates that the respondent had its trademark…Complainant Geographically Remote from Respondent’s Market
A complainant's trademark may be well known internationally in its particular market without being known generally or to the respondent.…Insufficiency of Evidence in Asserting Rather Than Proving Facts
In view of the fact that the UDRP is a paper only proceeding the pleadings and evidence must be developed…What Standards for Confusing Similarity?
In assessing whether a domain name is confusingly similar to the complainant's trademark the analytical procedure is to make a…Offering to Sell a Domain Name Not Bad Faith Unless Registered with that Specific Intent
It is not selling domain names that is unlawful under the UDRP but registering them “primarily” with that purpose in…Domain Names Similar But Not Confusingly Similar to Trademarks in Determining Threshold Issue
That respondents can avoid the ultimate penalty of forfeiture with a trademark plus negative or disputatious terms is well established…Targeting Complainant’s Trademark is an Essential Element for Bad Faith
Where a number of parties share a right to a trademark the complainant has the burden of demonstrating that it…Having Trademark Rights, Not Failing to Assert Them Is the Threshold Issue
The respondent's sole contribution under paragraph 4(a)(i) of the Policy should be to confute the complainant's assertion of jurisdiction: that…