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Trademark Validity Not an Issue in UDRP Proceeding
Parties should be reminded that the UDRP is not a trademark court even though it adjudicates rights to trademark infringing…Disclaiming Association with the Trademark Holder
As a general rule placing a disclaimer on the website is not effective to legitimize a disputed domain name, although…Concurrent Use of Lexical Elements for Domain Name and Trademark
Concurrent uses of lexical elements that also happen to be trademarks are not necessarily the result of abusive registration and…Knowledge of Complainant and its Trademark Not a Prerequisite to Forfeiture of Domain Name
Ordinarily, bad faith rests on a finding that the respondent is targeting the complainant, which implies (or at least an…Pattern of Present and Past Acts in Assessing Bad Faith
To violate paragraph 4(b)(ii) of the Policy the complainant has to prove that the respondent engaged in a “pattern of…The Four Non-Exclusive Examples of Bad Faith Determined by Past and Present Acts
Abusive registration of a disputed domain name presupposes past and present acts by the respondent inimical to the complainant’s trademark…Registrant’s Assent to Maintain Accurate Information in the WHOIS Database
When challenged for abusive registration respondents’ privacy veils are lifted for the duration of the UDRP proceedings and the WHOIS…The “Primary Purpose” Rule in Construing Offer to Sell Domain Name
Bad faith under paragraph 4(b)(i) of the Policy requires proof that the respondent’s registration of the disputed domain name was…What Does It Take to Get a Reverse Domain Name Hijacking Ruling?
There is no consensus on the standards of proof to be applied in reaching a finding of reverse domain name…Referent for Identical or Confusingly Similar to Trademark is Domain Name Not Any Post-Domain Path
UDRP is not an all-purpose forum for resolving infringement claims. The Policy is limited to abusive registration of domain names.…Competing with the Same Trademark and Defaulting on Evidence of Priority
Paragraph 4(b)(iii) of the Policy has specific reference to the acts of a competitor. If for its “primary purpose” a…Narrow Trademark Rights Confined to Geographic Area in Which Holder Does Business
Complainants whose unregistered trademarks consist of generic words or descriptive expressions may have standing to maintain the UDRP proceeding, but…