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Unexplained Delays in Prosecuting a Claim Under the UDRP
A complainant’s unexplained delay in prosecuting a claim under the UDRP is not generally prejudicial to its relief, except where…Protectability of Geographic Indicator Trademarks in a Domain Name Dispute
Turning the issue around from yesterday's Note, instead of geographic indicators joined to trademarks, consider geographic trademarks and their strength.…Adding a Geographic Indicator to a Trademark Does Not Distinguish the Domain Name
Adding a geographic indicator to a trademark does not distinguish a domain name; is unlikely to support a right or…Uses and Abuses of Privacy Services
Use of privacy services is a merely one factor among others to be taken into consideration when assessing bad faith.…The Duty to Search for Potentially Conflicting Trademarks
A person is free to choose any string of phonetic elements or numbers as a domain name as long as…What is Fair Use?
Gerald M. Levine, Esq, co-author The U.S. Constitution grants to authors and inventors for “limited times ... the exclusive right…Statements Against Interest and Admissions in Correspondence Between Parties
Correspondence between the parties can prove decisive when the respondent makes admissions against interest, although the alleged prejudicial “statement must…Predictability and Consistency in Application of UDRP Jurisprudence
“A proceeding under the Policy is not an assessment of civil trademark infringement,” Ni Insan Kaynaklari Personel ve Danismanlik Limited…What It Means to Violate Paragraph 4(b)(iv) of the Policy
Economic benefit or commercial gain is fundamental to all the examples of bad faith but paragraph 4(b)(iv) of the Policy…To be Commonly Known Means Having a History of Being Known
To state a defense under paragraph 4(c)(ii) of the Policy the respondent has to be “commonly known” by the domain…Pattern of Conduct as Defining Proof of Bad Faith Registration and Use
Of the four examples of bad faith paragraph 4(b)(ii) of the Policy has reference to multiple instances in the present…Jurisdictional Threshold
Ordinarily, “the content of a website (whether it is similar or different to the business of a trademark owner) is…