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Tag Archives | Taking advantage of trademark

The Respondent Who Specializes in Misspellings

As trademarks composed of dictionary words or descriptive phrases descend the classification scale there is an increasing likelihood of registrants registering and using domain names corresponding to trademarks plausibly lacking knowledge of trademark owners. In the past several months the lower end includes <summertechcamp.com>, <asclepius.com> (God of Medicine), <hopscotch.com>, <topcare.com>, <bankwell.com>, and <unblock.com>. Earlier there […]

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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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The Importance of Timing in Asserting Priority in a UDRP Dispute

Timing is a critical factor in determining whether a complainant satisfies its first and third UDRP requirements. When parties’ acquire their respective rights ultimately determines whether or not the complainant has standing to maintain an administrative proceeding and if it does whether it can prove bad faith registration. So, for example, an application to register […]

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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 […]

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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 […]

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Combinations of Random Letters (Acronyms, Initials and Abbreviations) Capable of Use By Many Third Parties Other Than Complainant

Combinations of letters are either acronyms or abbreviations for a company’s name – protectable or not against domain name registrants depending on the trademark’s strength – or simply a string of random letters (“random” that is to respondents) that are capable of use (when acronymic) by many third parties other than complainant trademark holders. Panels […]

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Parties in Same Business and Operating in the Same Geographical Area

Distance is not only geographical and temporal but also measured by product or service offerings. The principle underlying temporal distance is that the respondent could not have registered the domain name in bad faith if the trademark had not then come into existence. Subsequent bad faith use (except in the view of panelists who argue […]

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Giving Parties Benefit of the Doubt: Sufficiency of Evidence

Giving a party the benefit of the doubt is really shorthand for insufficiency of the other’s evidence. In the first instance, complainant has the burden for establishing its case for all three elements, but as it proceeds from element to element its burden grows heavier. Proof that the domain name is identical or confusingly similar […]

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