The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture
There is a misconception among some trademark owners and their counsel that passive holding of domain names alone, Sandy Frank…Provider and Arbitrator Immunity for Acting in Their Official Capacities
Once parties have voluntarily agreed to resolve their disputes by arbitration courts have no authority to intervene in the proceeding…Trademarks and Domain Names Composed of Common Terms
The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone…Sanctionable Conduct for Abusing the UDRP Process
To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in…Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law
The general run of UDRP decisions are unremarkable. At their least they are primarily instructive in establishing the metes and…Timing is All: Registrant Cybersquatting or Mark Owner Overreaching?
Admittedly, timing is not altogether “all” since there’s a palette of factors that go into deciding unlawful registrations of domain…Identical or Confusingly Similar to Trademarks but Noninfringing Domain Names
Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of…Counterfeit Marks and Counterfeit Goods: Pretense in Cyberspace
The term “counterfeit” is defined under U.S. trademark law as “a spurious mark which is identical with, or substantially indistinguishable…Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting
The Respondent’s cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO…Fair and Unfair Publishing Contracts: [How] Can Authors Protect Their Rights
Introduction: In the United States authors' rights to enjoy the fruits of their labor are protected by the Constitution: "The…Using Privacy/Proxy Services Lawfully or to Hide Contact Information and Identity
Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism…Good Faith and Abusive Registration of Domain Names
Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain…