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Complainant Cannot Rest its Case on Opprobrium
As for trademarks based on generic terms, however powerful they may be in market A they are unrecognized in market…One Letter Difference But Not Typosquatting
In general, a respondent’s registration of a domain name that misspells a trademark, or is composed of added, substituted or…Opportunistic Bad Faith
The phrase “opportunistic bad faith” is not found in the WIPO Final Report, but was coined by early Panels initially…Complainant Does Not Have to Prove It Owns Domain Names
Mattel, Inc. owns trademarks for BARBIE, FASHIONISTAS and SO IN STYLE. The Respondent in Mattel, Inc. v. jaomadesigns, FA1001001303036 (Nat.…Domain Names as Intangible Property Subject to Lien and Attachment
Zuccarini is one of those mythic respondents whose registrations of domain names provided the grist for articulating standards of conduct…Holding Renewal Equivalent to New Registration
The consensus is that renewal of registration does not affect a registrant’s right to a domain name registered in good…Construing “Primarily for the Purpose” in Paragraph 4(b)(i) of the Policy
Yesterday’ Note on precedent in deciding UDRP cases touched on dictionary words and descriptive terms. Theories of bad faith under…The Role of Precedent in UDRP Cases
For consistency in the application of domain name law panelists try to anchor their decisions with citations to earlier cases.…Reverse Domain Name Hijacking Warranted When Allegations of Bad Faith are Without Substance and Should Never Have Been Made
Rule 15(e) of the Rules of the Policy which authorizes a finding of reverse domain name hijacking is symmetrical with…Respondent with Future Intentions for a Domain Name Must “Demonstrably Demonstrate” His Plans
In deciding on the issue of a respondent’s good or bad faith conduct, there are two obligatory questions: “Why did…Surnames of Historical Personalities Adopted as Trademarks
Personal and surnames are not protected under the UDRP unless their owners can demonstrate their names are associated in the…Exception to the Post Dated Trademark Rule
Putting aside the question as to whether a particular corporate name is registrable as a trademark, or is simply a…