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Assessing Rights and Legitimate Interests For Parody and Satire
Parody targeted against a particular person or organization as a branch of political speech deserves the highest level of legal…Evidence Necessary to Prove Common Law Trademark
While it is true that “Panelists with WIPO and NAF have sometimes approached the issue of proof of trademark ‘rights’…Mimicking Trademark by Appropriating Its Dominant Syllabic Elements
It is not necessary for a string of syllables to make sense to obtain a trademark registration. Indeed, the least…Untying Registration and Use in Construing Bad Faith
The two letter combination “hz” is not by itself confusingly similar to “Hertz” (the automobile rental company) despite the aural…Timing and Circumstances of Acquisition
Timing and Circumstances of Acquisition Having an incontestable trademark composed of generic or descriptive elements opens the door to a…What Proof Satisfies for Demonstrable Preparations?
Receiving notice after a website has become operational supports a defense under paragraph 4(c)(i) of the Policy. There is no…Three Short Takes On Routine Issues
The three issues discussed below have in common factual circumstances that preclude resolution under the Policy. Either the complainant has…Identity Theft Victims: Hijacking and Phishing
Hijackers have something in common with pickpockets Their modus operandi is stealth. Their victims no more realize their pockets have…The Incredible Shrinking Inventory of Word Combinations
Is it possible that the inexhaustible wealth of the English language has limitations when it comes to selecting suitable trademarks…Selling Domain Name For More Than Out-of-Pocket Costs
A respondent violates the Policy when “circumstances indicat[e] that you have registered or you have acquired the domain name primarily…Recovering a Domain Name After Losing It
Domain names are not literally owned, but possessed for a length of time, not unlike a valuable leasehold with option…When the Paper Trail Turns Cold
The USPTO database reports over 20 records containing the phrase “market watch” some of which are presently owned by Dow…