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Trademarks Composed of Elements that Include Dictionary Words 17 May 2013 | 02:47 pm
www.udrpcommentaries.com Trademarks gather strength as they ascend the classification scale. In order, fanciful, arbitrary and suggestive are at the strong end of the scale, while descriptive and gen...
Similarity of Domain Name to Trademark Is Only the Beginning of the Assessment 2 May 2013 | 02:41 pm
www.udrpcommentaries.com UDRP provides remedies on proof of abusive registration of domain names. What constitutes abuse sufficient to support a remedy is something more than having a trademark that ...
Inadvertent Lapse of Both Trademark Registration and Domain Name 22 Apr 2013 | 10:20 pm
www.udrpcommentaries.com Falling out of the trademark registry for failure to file a section 8 affidavit may be embarrassing but not fatal; losing a domain name for inadvertence may be fatal dependin...
Insufficient Evidence for Respondent’s Lack of Rights or Legitimate Interests – Not Even the Iconic Trademark Owner Is Excused From Having to Offer Pr... 10 Apr 2013 | 09:28 pm
www.udrpcommentaries.com Just as complainants cannot prevail on the strength of their trademarks which only proves the first requirement that it has standing to maintain the proceedings, so responden...
Protecting Corresponding Domain Names to Trademarks When ICANN Expands Space for new gTLDs 1 Apr 2013 | 07:26 pm
www.udrpcommentaries.com ICANN has recently approved several rights protection mechanisms to counter cybersquatting for new gTLDs, including the Trademark Clearing House program (TMCH) which allows b...
Acquiring a Non Renewed Domain Name at Auction 27 Mar 2013 | 01:37 pm
www.udrpcommentaries.com Registrars have a contractual duty arising out of the Registrar Accreditation Agreement (RAA) to alert domain name holders that their registrations are nearing expiration. No...
Untrue Allegations In and False Certification of Complaint: Major International Corporation Represented By Counsel 17 Mar 2013 | 02:09 pm
www.udrpcommentaries.com Respondents default in responding to complaints approximately 85% of the time so that if there are materially false allegations in the complaint and there is no response the ...
Safe Harbor Under the ACPA: Reasonable Grounds for Believing Use Not Unlawful 12 Mar 2013 | 02:00 pm
www.udrpcommentaries.com Both the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Resolution Policy, paragraph 4(c)(i-iii) (UDRP) prescribe safe harbor defenses, but the...
Demonstrable Preparations for Use Before Notice 7 Mar 2013 | 03:37 pm
www.udrpcommentaries.com The 3-member Panel in Cheezburger, Inc. v. WeKnowMemes LLC (c/o Dynadot Privacy), D2012-2452 (WIPO February 19, 2013) considered confusing similarity between KNOW YOUR MEME a...
Recovering Lapsed Domain Names 27 Feb 2013 | 11:16 pm
www.udrpcommentaries.com For a complainant to succeed in recapturing a lapsed domain name it must both anticipate and overcome respondent’s rebuttal that it has rights or legitimate interests in the ...