The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
The Policy Offers Relief for Abusive Registration of a Domain Name Not Infringement of Trademark
We have to remember that the UDRP is a proceeding of limited scope. The respondent has agreed to submit to…Recapturing a Lapsed Domain Name
Domain names are not literally owned. Rather, they are held for a length of time pursuant to a registration agreement…Demonstrating that Term Bracketed in Domain Name is Complainant’s Trademark
Domain names composed of a number of words that may include one identical to a trademark is not ipso facto…Enforcing Trademark Rights of Word Alleged to be Generic
In the 1950s Dr. Alfred Tomatis, a French ear, nose and throat specialist developed a psycho-therapeutic method that is known…Addition of a Dictionary Word to a Dictionary Word Trademark
It is not surprising that holders of trademarks on the lower end of the classification scale insist that their compositions…Declaring Complaint Filed in Bad Faith
Panelists hold divergent views on several legal principles as they apply to domain names and for this reason to whom…Domain Names Visually and Phonetically Similar to Trademarks
Orthographic variations such as adding, omitting and transposing letters suggest that the respondent’s motivation for registering a disputed domain name…Conducting a Business in the Same Industry Sector
Passage of time can support a respondent’s defense of legitimate interest if “before any notice” it used “the domain name…Use of Terms by a Multitude of Third Parties
For trademarks on the weaker end of the spectrum the complainant cannot simply rely on the respondent’s mode of business.…Use of Terms by a Multitude of Third Parties
For trademarks on the weaker end of the spectrum the complainant cannot simply rely on the respondent’s mode of business.…The Conjunctive Requirement of Bad Faith Enforced Regardless of Respondent’s Subsequent Bad Faith Use, However Egregious
In at least one respect the UDRP is a friendlier forum for respondents than the Anticybersquatting Consumer Protection Act (ACPA).…Direct Competitors, Geographic Terms and the Issue of Bad Faith
Adding a geographic term to a famous trademark is not less infringing because the trademark also happens to be a…