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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 […]

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Assessing Closeness of Domain Name to Trademark

The UDRP analysis begins with assessing the closeness of the domain name to the trademark. Identical is letter by letter the same; similar is a string that can be confused with the trademark. A complainant has standing to maintain a proceding only if it can show that the  accused domain name raisees the probability of […]

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Registration “Before Notice” and Offering Bona Fide Goods or Services Good Defense to UDRP Complaint

While merely registering and holding a domain name confers no right or legitimate interest, a domain name can be legitimized if 1) “before any notice … of the dispute”, 2) respondent “has used or made demonstrable preparations to use the domain name”, and 3) “in connection with a bona fide offering of goods or services.” […]

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Laches (+ 4(a)(ii)) = 4(c)(i)

Panels in the formative cases held that there was “no room for general equitable doctrines under the Policy such as would be possessed by Courts in common law jurisdictions.” Edmunds.com, Inc. v. Ult. Search Inc., D2001-1319 (WIPO February 1, 2002). The Panel in The Hebrew University of Jerusalem v. Alberta Hot Rods, D2002-0616 (WIPO October […]

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