The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
Unawareness of Complainant or Its Trademark Supports Good Faith Registration
There can be two independent reasons for unawareness of a complainant or its trademark. One is the trademark’s lexical composition…Expanding the Circumference of Bad Faith Registration
There is a struggle going on in the community of UDRP panelists. One group of panelists would expand the circumstances…Commercial Use of Domain Name Incorporating Trademark
Nominative fair use and initial interest confusion are opposite propositions, but they have in common unauthorized use of a complainant’s…Importance of Serving Early Cease and Desist Letter
The timing of notice can be a critical factor in determining parties’ respective rights to a disputed domain name. A…Asserting a Right or Legitimate Interest Requires Respondent to Offer Verifiable Proof
Parties controlling evidence must produce it to establish their contentions. Non production leads to the conclusion that the asserted proof…Use of Disputed Domain Name Consistent With the Sense of the Words
No person is entitled to a monopoly over words that are common to all. Trademarks composed of generic terms or…Selling a Service Based on Goods Produced by Trademark Holder
A respondent’s choice of a domain name incorporating a trademark for the purpose of identifying its business rather than competing…Unlikelihood of Recovering Long Lapsed Domain Name
Registration of a domain name inadvertently allowed to lapse is more likely to be recaptured if the complainant has acted…Parties’ Disputes Outside Scope of the Policy
The line separating issues within from those outside the scope of the Policy is not always clear. Contract disputes relating…Legitimacy of Fan Sites
Fan clubs generally come into existence without express permission and sometimes over the (frequently delayed) objection of the honoree to…The Confusion of Attracting Internet Traffic Through Deception
The twin bete noires of the market are confusion and deception, which (as one legal mechanism) the UDRP is designed…Silences in Determining Legitimacy In Registering and Using Domain Names
Silence with knowledge that a respondent has incorporated a trademark in its domain name can support legitimacy if the respondent…