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UDRP’s Flexibility of Scope
Further on the subject of scope discussed in Yesterday’s Note. The UDRP appears clear in its scope, that it is…Policy’s Scope Extends Beyond Strangers to Former Business Associates
UDRP complaints are mostly against strangers accused of appropriating for commercial gain disputed domain names which they registered after the…Inactivity of a Domain Name Registered Many Years Prior to Accrual of Trademark Is Not Grounds for Finding Registration in Bad Faith
It is undoubtedly true that a respondent who holds inactive for many years a domain name identical to a trademark…Rare Though a Word May Be If It Is Recorded in a Dictionary It Is Available For Non Trademark Use
Hershey manufactures a “candy twist” under the trademark TWIZZLERS. The word “twizzler” does not appear in standard desk dictionaries; it…Words and Expressions that Describe Respondent’s Business
The Note for September 13 [Attempting to Extend Monopoly to More than Granted by Statute or Acquired by Common Law]…Heavy Burden of Proving Bad Faith for Surname Trademarks
Complainants whose trademarks are composed of surnames relatively rare in their marketplace but held by a respondent bearing that name…Forfeiting Domain Name for Subsequent Bad Faith Use
A finding of bad faith use is only one half of abusive registration, regardless of its egregiousness. While renewal of…Attempting to Extend Monopoly to More than Granted by Statute or Acquired by Common Law
RapidShare AG is busy policing its trademark, RAPID SHARE; thirty five proceedings in the past four months. In its most…Strong Inference of Actual Knowledge with Misspelled Variations of Trademark
When dictionary words are misspelled in a domain name the inference is persuasive that the respondent had actual knowledge of…Trademarks Unknown Out of their Niche and Fair Use of Descriptive Terms
Unless there is “intent to capitalize on the Complainant’s trademark interest, the Complainant cannot assert an exclusive right over a…Laches Not a Defense Except When It May Be
Application of laches for sleeping on one's rights would bar the complainant's claim even though the respondent's registration was and…Offering Bona Fide Goods or Services Versus Trading on Trademark’s Goodwill
Win one, lose one. Different Panels; same Complainant, the trademark holder of MOSHI MONSTERS; different Respondents; The word “cheats” is…