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Assessing “Improper Purpose” in Commencing a UDRP Proceeding

The 3-member Panel in Albir Hills Resort, S.A. v. Telepathy, Inc., D2012-0997 (WIPO July 19, 2012) makes an interesting comment that is central to its finding against Complainant of reverse domain name hijacking: The Panel considers that the Complainant is represented by an attorney who should have appreciated that the Complaint could not succeed in […]

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Failure to Resolve Uncertainty Undermines Complainant’s Claim

To “oogle” (if “oogle” means “ogle”) is one thing, to “google” another. “Despite the Panel’s extreme suspicions about [the Respondent’s] explanation [for registering <>]” it denied Google Inc.’s complaint in Google Inc. v. Blue Arctic LLC, FA1206001447355 (Nat. Arb. Forum July 25, 2012). Why? The first problem in assessing whether a domain name is identical […]

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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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Domain Names Similar to Trademarks But Not Confusing

See Anthology of Commentaries — 2014 The test for establishing confusing similarity is relatively modest. Less or more so is not easy to measure. For this reason, Panels tend to give complainant the benefit of the doubt, but low though the bar is set it is not satisfied by simply showing that the trademark and […]

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