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Consequences of Disclaiming Exclusive Rights
World Publications, LLC v. GMW Digital, LLC, D2009-1737 (WIPO February 8, 2010) is a brief decision. The complaint was denied…Failing to Make a Case for Confusing Similarity
Paragraph 4(a)(i) of the Policy sets forth the elements for jurisdiction. A complainant has standing to maintain a UDRP proceeding…Proving Common Law Trademark Rights by Showing Renown in a Particular Marketplace
However identical or confusingly similar a disputed domain name may be to a name used by the complainant if the…Targeting as an Essential Element of Proof for Trademarks Composed of Generic and Descriptive Terms
Having a registered trademark buys standing but it is not sufficient to win a domain name if its composition is…Default Not An Admission of Material Facts
Respondents default in appearance in a high percentage of cases and in many of them the complainant prevails. However, a…Insufficiency of Evidence; Benefit of the Doubt
Tatra, a.s. has national trademark registrations for TATRA in the United States and the European Community and is also the…Crossing Boundary Separating Denotative and Connotative
Yesterday’s Note discussed a dictionary word used misleadingly to confuse Internet users looking for the Complainant, but words can be…Respondent Responsible for the Content of the Website
The general rule is that where a respondent uses a parking service to populate its website with links that redirect…Correcting the Law in a Later Decision Wrongly Stated in an Earlier One
There is no intra-UDRP procedure for correcting a wrong decision. To state the case charitably, there are some decisions that…Contract Complaints Outside Scope of UDRP
The UDRP is a niche regime for arbitrating claims of abusive registration of domain names. It is not a stand-in…Linguistic Analysis Rejecting the Conjunctive Bad Faith Construction of the Policy
This Note summarizes the linguistic analysis in response to the Octogen line of cases and the most recent rejection of…Retrospective Bad Faith, Revisited
To this observer, the most significant decisions in 2009 disputes were those in which Panels lined up on opposite sides…