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Invoking UDRP’s Mutual Jurisdiction Under Paragraph 4(k) and Rule 18(a)

Registrants in acquiring domain names and trademark owners in complaining of abusive registration are both required to submit to the jurisdiction of stipulated courts with regard to the adjudication of disputes. The requirement in the registration agreement is traceable to ICANN’s Registration Accreditation Agreement with registrars. Paragraph 3.7.7.10 reads: “For the adjudication of disputes concerning […]

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Acquired Distinctiveness Through 5 or More Years of Use

Words and phrases in common use are attractive equally to purveyors and domainers. That one has a trademark does not disqualify the other from registering an identical or confusingly similar composition as long as proof fails to demonstrate bad faith. While registration confers distinctiveness, trademarks on the lower rung acquire this virtue over time. Trademarks […]

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