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Tag Archives | Distinctiveness

Reaching Safe Harbor under the UDRP

Respondent reaches safe harbor under the UDRP either by proving good faith or complainant is unsuccessful in proving bad faithParagraph 4(c)(iii) of the Policy is backward looking; that is, it rejects any claim of future, non infringing plans for the domain name. It contrasts with paragraph 4(c)(i) which includes a forward looking defense based on […]

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Trademark Terms Distinctive in One Territorial Jurisdiction, Undistinctive in Another

Distinctiveness (despite the affirmativeness of the word) is a fluid concept. It could mean “distinctive” in its class but not “distinctive enough” to prevent others from using it for their own purposes in a different class. So, too, a term accepted by a trademark office can be regarded as distinctive within its jurisdiction, but un-distinctive […]

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