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Commencing a Proceeding in Violation of Certification
Complainants have to have rights in a trademark to maintain a UDRP proceeding and demonstrate the source of those rights,…Passing Off, Pretending to be Complainant or Known by the Domain Name
Registrants have tried a number of ploys to avoid having the disputed domain name forfeited to the complainant, including passing…Marshaling Evidence For and Against Exclusivity of Generic Terms
There is an interesting choreography between trademark holders and domain name registrants when the prize is a combination of two…Consolidation and Language of the Proceedings
The Policy authorizes either party to petition to consolidate “multiple disputes ... before ... the first Administrative Panel appointed to…Pay-Per-Click Websites and Legitimacy
“Something more than the operation of a landing or PPC page is required to show lack of bona fide use,”…Common Word Trademarks Defensible By What Respondent is Offering
Respondents registering common words that spell the name of a business or charitable entity state a good defense only if…Higher Standard of Proof for Trademarks Composed of Surnames and Geographic Terms
Trademarks composed of a founder’s name, Bloomberg for example, that have significant market recognition internationally have a high level of…Inattention to the Timing of Rights
Default in appearance is not an admission of any material facts under the UDRP, although letting the complainant make the…Spelling and Misspelling Variances to Trademarks
Varying the trademark in some minor way, or typosquatting as it is called generally involves misplacement or dropping of letters,…Predicate for Bad Faith, Competing Services Incorporating the Trademark
The Policy has built in protections for competitors whose Internet shingles bear a similarity to descriptive trademarks, but protection does…Descriptive Phrase, Confusing Similarity Between Trademark and Domain Name
Confusion appears twice in the Policy: “confusing similarity” in paragraph 4(a)(i) and “likelihood of confusion” in paragraph 4(b)(iv). A domain…Market Presence of Trademark at the Time of Domain Registration
Companies that are oaks today were acorns yesterday. A complainant’s market presence today can be a determining factor for a…