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Name By Which Respondent is Commonly Known
One of the three specified defenses to a claim of abusive registration is proof that “you (as an individual, business,…Applying Doctrine of Res Judicata to Dismiss Subsequent Proceeding
Refiling a complaint against the same respondent is not permitted as “of right.” I pointed out in the Note for…Mandatory Proceeding to Resolve a Claim of Abusive Registration
It is useful to pause in dissecting cases and addressing evidentiary issues to outline for those unfamiliar with the UDRP…Simultaneous Legitimacy and the First to Register Principle
Where there is a parity of right, the first to register a domain name comprised of a string of syllables,…Evidentiary Burden for Proving Trademark of Personal Name
The Panel in Fox News Network, L.L.C. v. C&D International Ltd. and Whois Privacy Protection Service, D2004-0108 (WIPO July 22,…Invitation to Refile a Complaint Where License Wrongfully Terminated
This Note reviews an issue not frequently before a Panel, namely complainant’s right to maintain a subsequent proceeding where the…Bad Faith Must be Directed at Complainant or its Trademark
Domains that are identical or confusingly similar to a well known trademark of which the respondent cannot plausibly deny knowledge…Proving Reputation to Counter Denial of Knowledge
Companies come and go and reputations grow or wither, but at the start new businesses are one among many offering…Credibility as a Factor in Determining Parties’ Rights to a Disputed Domain Name
Although UDRP complaints are resolved solely on papers without benefit of discovery and with no right of confrontation it would…Not Granting a License is Not Dispositive of a Respondent’s Legitimate Interest
Holding a trademark does not guarantee a right to a corresponding domain name even where the trademark antedates the registration…Similarity of Domain Name and Trademark Unsurprising Where Parties Service Same Market
Although in Around The Rings Inc. and World Football Insider Inc. v. Dunsar Media Company Limited, Duncan Mackay, Sarah Bowron…Right to Regain Domain Name Earlier Registered than Trademark Not Dependent on Respondent’s Use, Non-Use or Underutilization Of It
Unless a complainant has a trademark right with priority over the respondent’s choice there is no principle of law that…