Top Menu

Tag Archives | Monetizing domain names

Trademarks Composed of Dictionary Words

See Anthology of Commentaries — 2014 Trademarks composed of dictionary words are not protected against uses that take advantage of their semantic meanings. Dictionary words are the least protected outside of their particularly associations. On the classification scale, fanciful, arbitrary and suggestive are at the strong end of the scale, while descriptive and generic (if […]

Continue Reading 0

Legitimacy and Good Faith Undermined by Knowledge of Complainant and its Trademark

Speculating, offering to sell and monetizing domain names composed or dictionary words and descriptive phrases without more are not actionable under the Policy even if respondent fails the right or legitimate interest test. The more is proof of intent at the time of registration to take advantage of complainant’s reputation in the marketplace. Bad faith […]

Continue Reading 0

Non Disclosure of Beneficial Owner of Domain Name as a Factor Pointing to Bad Faith Registration and Use

The “use of a privacy or proxy registration service is not in and of itself an indication of bad faith … [but] the manner in which such service is used can in certain circumstances constitute a factor indicating bad faith.” WIPO Overview 2.0 paragraph 3.9. The second sentence has in mind registrar’s failure after it […]

Continue Reading 0

Multiple Users of Term Other than Trademark Owner

There have been a number of recent UDRP cases in which complainants’ trademarks are composed of letters or words that have currency for other users in the marketplace. Two, three and four letter strings, for example, are valuable names that could also be acronyms. Examples: <rmhp.com> and <tds.com>. The Panel in Rocky Mountain Health Maintenance […]

Continue Reading 0

Credibility and Reverse Domain Name Hijacking

See Anthology of Commentaries — 2014 The complainant certifies in commencing the UDRP proceeding, “that the information contained in th[e] Complaint is to the best of [its] knowledge complete and accurate [and] that th[e] Complaint is not being presented for any improper purpose, such as to harass [the respondent].” Paragraph 3(b)(xiv) of the Rules of […]

Continue Reading 0

Speculating in Domain Names and Monetizing them Lawful Commercial Activities

That a domain name is identical or confusingly similar to a complainant’s trademark is only part of the evidentiary journey. When that fact is coupled with proof that the respondent lacks any right or legitimate interest in the domain name it strengthens the trademark owner’s claim. Taking advantage of the trademark’s reputation to attract Internet […]

Continue Reading 0

Follow

Get every new post delivered to your Inbox

Join other followers:

4/xVVyQrMpFFp6VcOTT2qD9g.0oyCn-dWDJ0cJvIeHux6iLYvgUztkQI
%d bloggers like this: