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Tag Archives | Criticism and commentary

Denying Safe Harbor to Domain Names that Resolve to a Criticism Website

See Anthology of Commentaries — 2014 Question 2.4 of the WIPO Overview of WIPO Panel Views on Selected U.D.R.P. Questions asks, “Can a criticism site generate rights and legitimate interests?” The answer is Yes, but.  The “but” could depend on the Panel assigned to resolve the dispute; it could also depend upon whether the criticism […]

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Unsettled Law on Domain Criticism Sites

One of complaints against UDRP is inconsistency in decision-making. This comes about because Panels are not obliged to follow precedent, although on many issues they mostly do. WIPO Overview at paragraph 4.1 states as a consensus: “The UDRP does not operate on a strict doctrine of precedent. However, panels consider it desirable that their decisions […]

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Adopting Complainant’s Trademark For a Criticism Website

Free speech is not listed as one of the Policy’s examples of a right or legitimate interest in a domain name, but it is clearly subsumed in “fair use” and qualifies as a defense under paragraph 4(c)(iii) of the Policy. The defense rests on the proposition that speaking in opposition to a trademark owner was […]

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