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Territorial Limitation of Trademarks
The Panel in BECA Inc. v. CanAm Health Source, Inc., D2004-0298 (WIPO July 23, 2004) points out that “[t]rademark rights…Passive Holding of a Domain Name Composed of a Dictionary Word; Also a Well Known Brand
The rule of non-use of a domain name incorporating a well known trademark was laid down in Telstra Corporation Limited…Descriptive Contraction of Unregistered Trade Names
In science there are multiple examples of people in different locations contemporaneously discovering the same laws of nature, inventing the…Asserting Trademark Rights; No Record
Yesterday’s Note discussed a Respondent’s attempt to explain how a string of syllables forming a non-word – for all appearances…Original Registration Date of Transferor Not Probative of Transferee’s Good Faith
However sincerely a respondent may believe that its acquisition of a domain name from a prior registrant is in good…Unregistered Trademarks for Personal Names
Unless personal names have trademark status they are not protected under the Policy. Excluded are living persons whose reputations are…Criticism without Commercial Intent, Normative International Legal Principle
The WIPO Overview of WIPO Panel Views on Selected UDRP Questions records two views on using domain names identical or…Respondent’s Representation and Warranty in Assessing Bad Faith
To what extent should the representation and warranty provision of the domain name registration agreement be factored into an analysis…Maintaining a UDRP Proceeding Against Multiple Respondents
Paragraph 3(c) of the Rules for UDRP provides that a “complaint may relate to more than one domain name provided…Appearance Not Required for a Finding in Respondent’s Favor
Paragraph 4 of the Policy “sets forth the type of disputes for which [the respondent is] required to submit to…UDRP Complainant with Nothing to Complain About
A UDRP complainant has to have something to complain about that states an actionable claim. Unhappiness does not state a…Competitor Has No Right or Legitimate Interest in Domain Name Incorporating a Trademark Composed of Common Words
A respondent’s honest concurrent use of a term generally qualifies as a legitimate interest in a domain name identical or…