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Complainant Must Hold a Trademark in His/Her Personal Name to Succeed in a UDRP Proceeding
Celebrities whose names are source indicators have common law trademark rights, thus standing under the Policy to capture corresponding domain…Historical Snapshots from the Wayback Machine
In the curious case of Eneco BV v. Eneco, D2010-0548 (WIPO July 7, 2010) – curious because the Panel made…Speculation and Unsupported Assertion is not Proof
The complainant has the burden of proof on all elements of the Policy. It is lighter where the complainant has…Asserting (Insisting on) Good Faith Even As the Factual Record Contradicts It
A respondent violates paragraph 4(b)(i) of the Policy if it is found to have registered the domain name “primarily for…Consequences of Transferring Registration, Even From One Privacy Service to Another
Under the UDRP the losing respondent has 10 days to commence an action in a court of law in a…The Principle that a Prior Registered Domain Name (In the Hands of the Original Registrant) Cannot Have been in Bad Faith Is Not Nullified by the Domain Name Being Passively Held
“When a domain name is registered before a trademark right is established, the registration of the domain name was not…Reasonable Grounds to Believe that the Use of the Domain Name is Fair Use or Otherwise Lawful
Of 19 UDRP proceedings commenced by SAP AG 5 were terminated and in 9 the Panels ordered the disputed domain…Supplementing the Complaint to Request a Three Member Rather than a One Member Panel
The Panel in Facebook, Inc. v. Amjad Abbas, DME2010-0005 (WIPO July 13, 2010) addresses an issue of first impression, namely…Creating a False Record to Capture a Prior Registered Domain Name
We associate opportunism with respondents, but it equally describes a class of complainants who overreach their trademark rights in an…Burden of Proof for Right or Legitimate Interest
Complainant has the initial burden of proof while respondent has the burden of persuasion on the right or legitimate interest…Judicial Efficiency in Declining to Continue Analysis Where the Complainant Lacks Proof to Support its Case
I noted yesterday that secondary meaning is earned not presumed. Panels determine first whether there is jurisdiction. If there is,…Proving Common Law Trademark: Threshold for Jurisdiction
In common law jurisdictions an unregistered trademark is no less protected than one registered. But, the burden of proof is…