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Tag Archives | Trademarks and Domain Names

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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Date of First Use in Commerce in Application for Trademark Not Evidence

As a general rule, there can be no bad faith registration of a domain name registered prior to the existence of a trademark. For a complainant to prevail on the first requirement that it has a trademark right, the date of first use in commerce disclosed in the application must pre-date the registration of the […]

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Domain Names Similar to Trademarks But Not Confusing

See Anthology of Commentaries — 2014 The test for establishing confusing similarity is relatively modest. Less or more so is not easy to measure. For this reason, Panels tend to give complainant the benefit of the doubt, but low though the bar is set it is not satisfied by simply showing that the trademark and […]

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Missing Evidence in Failing to Prove Prima Facie Case

Panels early recognized that complainant could likely not marshal conclusive proof that respondent lacked rights or legitimate interests in the domain name because the evidence was under the respondent’s custody and control. The solution agreed upon within a few months of the inception of the UDRP proceedings was to lower the proof bar and shift […]

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What Standards for Confusing Similarity?

In assessing whether a domain name is confusingly similar to the complainant’s trademark the analytical procedure is to make a side by side comparison of the two. The “www” prefix and the “gTLD” are disregarded as functional elements. The focus is solely on the second level domain (SLD). As a general rule if the SLD […]

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