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Disclaiming Common Words in Design Trademark
It is not surprising that two companies in different though contiguous States think they can make a living selling coffee…Holders of Later Acquired Trademarks Overreaching Their Rights
There is a tendency among holders of later acquired trademarks to overreach their rights and demand forfeiture of earlier registered…Trademarks Live On in Estates and Beneficiaries
There has been a marked increase in the number of live celebrities with unregistered trademarks demanding return of their names.…Letting the Sunrise Window Close Without the Trademark Holder Availing Itself of the Procedure
Sunrise rights refer to a stipulated period during which an owner of a registered trademark may register a domain name…Trademarks and Personal Names
When Mattel challenges a Mattel [Mattel, Inc. v. Gopi Mattel, FA0411000372847 (Nat. Arb. Forum February 15, 2005) (<mattel.org>)] or Mathiesen…Limited Jurisdiction of the UDRP
The WIPO Final Report in anticipation and ICANN Second Staff Report, Paragraph 4(c), dated October 24, 1999 glossing the newly…Protecting Personal Names from Highjackers
Should there be a special exception for business persons whose personal names are highjacked for Internet commerce? On their face,…Proof of Demonstrable Preparations; What Standard?
What is sufficient? Sufficient is not merely alleging preparations without demonstration. Intention to activate a website in the future is…Registering Domain Name with Complainant’s Knowledge and Consent
A respondent’s admission that the complainant is the beneficial owner of domain names is proof that she lacks rights or…The Role of Local Law in UDRP Jurisprudence
Panelists early concluded that local law had no place in deciding rights to disputed domain names. “Panels should struggle to…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…Trademark and Domain Names Created by Combining Ordinary Words
Holders whose trademarks are composed of phrases formed by combining ordinary words cannot monopolize other combinations that are similar in…