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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 <oogle.com>]” 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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When Inactivity Rises to the Level of Bad Faith

One of the central propositions of UDRP jurisprudence is that mere assertion of bad faith is insufficient for the complainant to establish infringement of its rights. This is so even if respondent lacks rights or legitimate interests in the domain name. The Panel in Murad, Inc. v. Stacy Brock, FA1202001430865 (Nat. Arb. Forum March 31, […]

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Resolving Disputes in Face of Conflicting Testimony

A UDRP record is similar in some respects to a motion for summary judgment in a civil action in that each party puts forward its best case in support and opposition to the complaint. The difference is that in a civil court action a case can proceed to discovery and trial but in a UDRP […]

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