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Use in Bad Faith Alone Is Insufficient to Prove Cybersqatting

By on January 17, 2013 in Abusive registration, Anticybersquatting Consumer Protection Act, Uniform Domain Name Resolution Policy

I have pointed out in earlier Notes that the Uniform Domain Name Resolution Policy (UDRP) and the Anticybersquatting Protection Act (ACPA) are constructed on different models for proof of cybersquatting. The UDRP requires proof of bad faith in the conjunctive; while the standard demanded under the ACPA is either registration or use in bad faith. […]

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Disputes Between Same Parties; Different Panels, Different Results

By on June 4, 2012 in Abusive registration, Uniform Domain Name Resolution Policy

When Panels in different cases involving the same parties rule differently the question is whether one is wrong and the other right. Or, can both be right without their awards being inconsistent? A number of commentators have pointed to two cases brought by Bloomberg Finance L.P. questioningly.  In Case 1, Bloomberg Finance L.P. v. bloomberg, […]

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Unauthorized But Legally Permissible Use of Trademark

By on February 22, 2012 in Abusive registration, Uniform Domain Name Resolution Policy

A respondent acquires no right or legitimate interest in a domain name that incorporates a trademark by registering or renewing it. Nokia Corporation v. Nokia Ringtones & Logos Hotline, D2001-1101 (WIPO October 18, 2001) (“[Respondents] only have a right to the domain name … if Complainant had specifically granted that right.”) Respondents succeed, however, where […]

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