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Trademark Infringement Outside Scope of the Policy
Just as with current use of trademarks existing in different classes, a trademark holder and a domain name registrant can…Transfer Between Commonly Controlled and Related Persons
A transferee cannot argue that it is untainted by its transferor’s male fide conduct during its ownership and use of…Disturbing the Careful Balance Between Trademark Owners and Domain Name Registrants
The Panel in Torus Insurance Holdings Limited v. Torus Computer Resources, D2009-1455 (WIPO January 10, 2010) is the first panelist…Distributor Rights, Registering Variants of Complainant’s Trademarks
A distributor’s right or legitimate interest in a domain name depends upon the circumstances under which it acquired the domain…Not All Confusion is Actionable
A trademark holder’s rights are prospective; they may reach back on proof of trademark use in the market place and…Inferring from Circumstantial Evidence
Rule 14(b) of the Policy provides that if a party does not answer the complaint or comply with any request…Respondent’s Burden of Production
Paragraph 4(a)(ii) of the Policy is the fulcrum test for both parties. If the respondent demonstrates that it has a…Trademark Consisting of or Incorporating a Geographic Indicator
Trademark composed on geographic indicator is on the lower end of protectability where the domain name is used in its…Non-Conflicting Use of and Equal Rights in Generic Terms
The general rule is that parties who utilize generic terms as trademarks or service marks (dictionary words, common phrases) cannot…No Priority Over Respondent’s Legitimate Interests
Registering domain names composed of dictionary words improves the likelihood of good faith even if they conflict with existing trademarks,…Registration in Good Faith; Subsequent Change of Use = “Retroactive Bad Faith”
I am returning to this issue of “retroactive bad faith” because it is beginning to receive attention from a number…Credibility as a Factor in Inferring Intent
It is perfectly rational to register a domain name for its income potential. Pay-per-click revenue can be respectable, but it…