The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
A “Sucks” Website Must Live Up to Its Billing
Simply adding “sucks” to the second level domain does not preclude confusing similarity with the complainant’s trademark. A pejorative is…Prior Business Relationships
The UDRP provides a remedy for abusive registrations of domain names, including against parties formerly related, but jurisdiction does not…Generic Foreign Words + Famous Mark
Adding a dictionary word or descriptive phrase to a trademark may call for an explanation – Everglades Direct, Inc. v.…Burdens of Proof and Production; Establishing Standards
How does the complainant affirmatively prove that the respondent lacks rights or legitimate interests in the disputed domain name when…Discretion to Suspend or Terminate a Proceeding
Rule 18(a) of the Rules of the Policy authorizes the Panel at its discretion to suspend or terminate the proceeding,…Full Disclosure Expected Plus Explanation
More often than expected complainants (even those represented by eminent counsel) commence proceedings without fully understanding the requirements of the…The Use of Precedent in UDRP Decisions
Paragraph 4.1 of the WIPO Overview in response to the question “What deference should be owed to past UDRP decisions…Market Penetration as Proof of Awareness
Domain names can be identical or confusingly similar to trademarks and respondents can even lack rights or legitimate interests (as…