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Respondent’s Right or Legitimate Interest Trumps Complainant’s Trademark Right

There have been a number of cases lately in which complainant has either failed to prove a prima facie case or been unable to overcome respondent’s evidence of its right or legitimate interest in the disputed domain name. Respondent’s use of the domain name is a critical factor, but so too is the trademark. Longevity […]

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The Fate of Business Luminaries in Protecting Their Names

Unless personal names have achieved trademark status, they are not protected under the UDRP. Excluded are living persons whose reputations are earned out of the spotlight of commerce even though active in the figurative scrum of their businesses or professions. This rule applies however extraordinary the individual’s contribution is to business, science, politics, the professions […]

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