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Tag Archives | Warranties and representations

UDRP is Niche Forum for Cybersquatting, Not Trademark Infringement

The UDRP is not a general court for trademark infringement, but a niche forum for a particular kind of infringement. It authorizes Panels to determine whether domain names incorporating a complainants’ trademarks violate the terms of s respondent’s warranty, i.e. that it “will not infringe upon or otherwise violate the rights of any third-party.” The […]

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Credibility and Reverse Domain Name Hijacking

See Anthology of Commentaries — 2014 The complainant certifies in commencing the UDRP proceeding, “that the information contained in th[e] Complaint is to the best of [its] knowledge complete and accurate [and] that th[e] Complaint is not being presented for any improper purpose, such as to harass [the respondent].” Paragraph 3(b)(xiv) of the Rules of […]

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Transfer of Domain Name to Unrelated Third Party

There are two lines of reasoning from U.S. circuit courts on the issue of whether transfer of a domain name to an unrelated third-party or renewal of a registration constitutes a new registration. The resolution is critical to a finding of abusive registration under the Anticybersquatting Consumer Protection Act (ACPA). ICANN Panels have settled on […]

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