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Proof of Actual Knowledge Required Where There is Plausible Denial
The greater the geographic distance between parties the more plausible the respondent’s denial that at the time it registered the…Foreign Respondent Targeting Complainant in its Language and Market
Conceivably, a respondent on one continent could register a domain name confusingly similar to a trademark actively used on another…Protecting Existing Trademarks from Predators and Parasites
Predators and Parasites come in a variety of shapes and sizes as are abundantly illustrated in these ongoing Notes. Some…Exceptional Circumstances in Request to Extend Time to Respond to Complaint
UDRP complaints must be answered within 20 days [Rule (5a)] or by an extended date on proof of exceptional circumstances…Foregoing Analysis When Respondent Offers to Transfer Domain Name
In Benchmark Brands, Inc. v. Sky Blue Marketing, FA1006001331227 (Nat. Arb. Forum July 23, 2010) the Respondent admitted that there…Respondent’s Registration of Domain Name Contrary to Complainant’s Instructions
Employees, vendors and agents perform services and act on instructions of employers and principals. That a respondent in one of…Good Faith Registration Overrides Lack of Rights or Legitimate Interests and Bad Faith Use
It is seen as a deficiency by some that a complainant is remediless under the UDRP for blatant bad faith…Establishing Credibility as an Element of Persuasion
A credible witness has a better chance of persuading the Panel than one who fails to present his case properly.…Prior Right to Domain Name Through Purchasing Predecessor’s Assets
A successor in interest related to a predecessor who acquired the disputed domain name in good faith is not a…Nominative Fair Use of Trademark
There are clearly circumstances under which a trademark can be incorporated into a domain name without permission from the trademark…Proving Exception to the General Rule, Timing of Domain Name Registration
Where two parties in the same geographic area offer the same range of goods to the general public it might…Falling Short of Confusing Similarity
Similarity in some respects, either of one of two common words or some identical syllables within a word, does not…