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Tag Archives | Right and Legitimate Interest

Registering Domain Name for Legitimate Business Purpose

There can be no violation of owner’s trademark rights where there is a legitimate business purpose for registering the disputed domain name. Anti-cybersquatting proscriptions apply to unfair business practices and deception, hence the intense focus on purpose for registering a particular combination of words. A good illustration is presented in Maria Guadalupe Arvizú Ramírez v. […]

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Applying Laches as an Affirmative Defense in UDRP Disputes

Panels in formative cases held there was “no room for general equitable doctrines under the Policy such as would be possessed by Courts in common law jurisdictions.”, Inc. v. Ult. Search Inc., D2001-1319 (WIPO February 1, 2002).  This is consistent with the recommendation in the WIPO Final Report that “a time bar to the bringing […]

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