Generic term’s “intrinsic value” cut against finding of bad faith in domain...
Alcohol Monitoring Systems, Inc. v. Peter Stranney, Claim Number: FA1303001488482 (NAF April 11, 2013) Complainant sought transfer of the domain name scram.com. The panel denied the claim, and ordered...
View ArticleReverse Domain Name Hijacking
A recent decision that came from WIPO highlights some circumstances where reverse domain name hijacking (RDNH) will most likely be found. The domain name at issue was maisondumonde.com. The important...
View ArticleA name is not enough
The UDRP was enacted to protect trademark/brand owners from cybersquatters, people who were unfairly using domain names that belonged to their products/services/companies. The UDRP has been invoked...
View ArticleIs there a duty to check gTLDs when registering ccTLDs?
A recent WIPO UDRP decision contains language to the effect that it is “reasonable” to infer that a registrant of a ccTLD domain name knew or checked the corresponding gTLDs for similar registrations....
View ArticleEstablishing common law marks
Here’s yet more evidence that establishing rights to common law marks is not easy. In this recent denial from NAF, the Complainant sought to obtain the transfer of some domain names —...
View ArticleRights or legitimate interests: P90X v. px90.com
For a Respondent to prevail in a UDRP, it is sufficient to show that they have some rights or legitimate interests in the domain name; this is the second prong of the UDRP. An interesting decision was...
View ArticleServair loses UDRP on serv-air.com
It is usually the case that where a Respondent doesn’t bother to respond to a UDRP complaint, the Panel will mostly accept the Complainant’s arguments at face value. This seems self evident, almost...
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Descriptive use of mark supports rights and legitimate interests, defeating...
Domain Name: entrado.com Elements not met: 4(a)(i), 4(a)(ii) Case: West Corporation v. Domain Admin c/o Mrs Jello, LLC, No. FA 1321540 (Nat’l. Arb. Forum June 14, 2010) Complainant owns U.S. trademark...
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All signs point to descriptiveness in domain name dispute
Domain Name: glasgowsigns.com Element(s) Not Met: 4(a)(i) Case: Glasgow Signs v. 1st Signs Limited trading as Sign-A-Rama, No. D2010-0409 (WIPO May 4, 2010) Complainant and Respondent are both in the...
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