The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
Incorporating a Trademark Well Known in the United States and Abroad
Inferences are variously drawn when it comes to passively held domain names. Dictionary words and colloquial combinations are harder to…Accrual of Trademark Rights: Principal and Supplemental Registers
UDRP is not centric to any particular national law, but where the parties are “domiciled in the United States and…Consequences of Failing to Police One’s Trademark
Ordinarily, a transferee inherits the bad faith of its transferor and can be dispossessed of the disputed domain name if…Concurrent Right to a Lexical String Registered by One Party as a Trademark and the Other as a Domain Name
Trademark law recognizes, with qualification that two parties can be entitled to the use of similar, even identical lexical strings…Not All Similarity is Confusing
Judged objectively not all similarity is confusing with domain names and trademarks. Paragraph 4(a)(i) of the Policy is not satisfied…Making Changes to the Website After Notice and Filing of Complaint
Despite misgivings expressed by some panelists over the past year (the Octogen line of cases), where there is no evidence…Prosecuting a Claim Against a Previously Successful Respondent on a Different TLD
Complainants from time to time refile complaints on change of circumstances. Refiling is not barred but complainant must satisfy strict…Targeting, A Key Element in Determining Bad Faith Registration and Use
It is fundamental that a respondent’s intent at the time it registers a disputed domain name to take advantage of…Small Differences Can Have a Major Effect on the Way Domain Names Are Read
The threshold requirement sets a low bar but small differences “can have a major effect on the way domain names…The Role of Precedent and Authority in UDRP Cases
The UDRP mandates that “[i]n all cases, the Panel shall ensure that the Parties are treated with equality and that…Application for Trademark Registration By Itself Does Not Qualify as a Right
A certificate of registration satisfies the threshold requirement for maintaining a UDRP proceeding while a mere “intent to use” application…The Work of Early Panels in Establishing the UDRP Jurisprudence
The first five UDRP decisions (1 commenced in1999 and the first four of 2000) were decided in Complainants’ favor without…