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Appearing Respondents Called Out as Cybersquatters
UDRP complainants prevail in the range of 85% to 90% which approximately correlates with the percentage that respondents default in…Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?
Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may…UDRP Standing: Proving Unregistered Trademark Rights
The Uniform Domain Name Dispute Resolution Policy is a nonexclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting…Certifying to Merit and Proper Purpose in Alleging and Defending Cybersquatting Claims
Parties to a UDRP proceeding must include a certification similar in U.S. practice to Rule 11 of the Federal Rules…Corresponding to Trademarks, But Nonactionable Claims for Cybersquatting
The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which…The Importance of Protecting Credibility: Claiming and Rebutting Cybersquatting
The UDRP is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings…Supplementing the Record in UDRP Proceedings; When Acceptable?
The UDRP limits parties’ submissions to complaints and responses; accepting "further statements or documents" is discretionary with the Panel (Rule…Noncommercial and Fair Use in Rebutting Claims for Abusive Registration of Domain Names
The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful…Filing Cybersquatting Complaints With No Actionable Claims
I noted in last week's essay three kinds of cybersquatting complaints typically filed under ICANN'S Uniform Domain Name Dispute Resolution…Three Kinds of UDRP Disputes and Their Outcomes
There are three kinds of udrp disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that…Getting it Right the First Time; Second Chance With New Facts
UDRP complainants are expected to get it right the first time, and if they don't there's a narrow window for…Masking Identity with Proxy/Privacy Services
No censure attaches to having domain names registered by proxy/privacy services. However, while the practice has become routine for protecting…