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Tag Archives | Prior existing rights

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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It Is Not Who You Say You Are, But Who You Are That Counts

For a respondent to succeed in showing it is who it says it is it must make an affirmative showing that it “ha[s] been commonly known by the domain name, even if [it has] acquired no trademark or service mark rights” [Paragraph 4(c)(ii) of the Policy]. In determining whether respondent establishes this defense it is […]

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