The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
Prior Business Relationships
The UDRP provides a remedy for abusive registrations of domain names, including against parties formerly related, but jurisdiction does not…Date of Registration For Determining Bad Faith
In assessing bad faith “the complainant must prove that the respondent has ‘targeted’ the complainant or its mark in some…Limits to Unauthorized Resellers, Distributors and Consultants
Two recent decisions have highlighted Respondents’ legitimate interests in domain names that incorporate a holder’s trademark, by happenstance the same…Test of Knowledge; Awareness of Complainant’s Trademark
Paragraph 2 of the UDRP reads that by “applying to register a domain name, or by asking us to maintain…Can There Be Typo-Piracy Before Issuance of a Trademark?
Registering 1,017 variants of the Complainant’s trademark FREECREDITREPORT.COM is eye-popping and in its way hugely comic. ConsumerInfo.com, Inc. v. Netcorp…Complainant, Successor Trademark Holder
Successor trademark holders complaining about domain names registered before they acquired their interests have the added burden of not having…The Problem of Waiting Too Long
A long line of decisions holds that laches is not applicable to a UDRP proceeding, but waiting too long to…Confusingly Similar and Similar But Not Confusing
There are domain names though similar are not necessarily confusingly similar. They sit on the borderline, and not surprisingly their…Legitimate Use of Trademark: Consultants, Distributors and Resellers
First it was authorized resellers whose incorporation of a complainant’s trademark was deemed to be legitimate if they met the…Timely Answer and Supplemental Submissions
The Rules of the Policy limit each party to one pleading (Paragraphs 3 [complaint] and 5 [answer]), which can be…Insufficiency of Proof
Proving that a domain name is confusingly similar to complainant’s trademark is but one-third of the journey; the easiest part…Retroactive Bad Faith: Disproving Good Faith
The phrase “retroactive bad faith” comes from two recent cases, same panelist, City Views Limited v. Moniker Privacy Services /…