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Trademark Overreaching and Faux Cybersquatting Claims
Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that…Challenging UDRP Awards in Courts of Competent Jurisdiction
The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive forum for the resolution of domain names accused…Reselling Domain Names on the Secondary Market: Bona Fide Offering, or Not?
On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that…Fair Use Registration of Domain Names for Artists and Hobbyists
There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in…Losing and Reclaiming Domain Names
For registrants who are not trademark owners losing their domain names can be an irretrievable loss; and for trademark owners,…Astronomical Increases in Domain Names: Low Constancy of Abusive Registrations
When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999 the number of registered domain names were…Fair Use Incorporating Trademarks in Domain Names
The paragraph 4(c)(iii) safe harbors of the Uniform Domain Name Dispute Resolution Policy are construed from a five word phrase,…Domain Names Identical to Trademarks But No Likelihood of Confusion
Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph…Noteworthy Domain Name Decisions for 2016
Mr. Levine is the author of a treatise on trademarks, domain names, and cybersquatting, Domain Name Arbitration, A Practical Guide…Cyber Infringement of Trademarks by Typosquatting
A fabled, serial cybersquatter of the early Internet argued that typographical errors in domain names were not cybersquatting at all…No Time Bar for Cybersquatting Claims Under UDRP
Headline in TheDomains.com, June 18, 2016: “Wow: 20 Year Old Domain Name WorldTrade Center.com Lost in UDRP.” For those who…Providers and Arbitrators Immune from Liability for Acting in Their Official Capacities
Blog was originally posted on the NYSBA ADR Section Blog, June 23, 2016. There have lately been a number of…