The Challenge of Applying the Passive Holding Doctrine in the Absence of a Response, by Nat Cohen Nat Cohen is an accomplished domain name investor, UDRP expert, proprietor of UDRP.tools and RDNH.com, and a long-time Director of the ICA. While most disputes are undefended, that usually poses little problem for a Panel as the Disputed Domain Name is often …
Are PPC Ads on a Registrar Supplied Default Landing Page Evidence of the Respondent’s Bad Faith?
About the Author: Nat Cohen is an accomplished domain name investor, UDRP expert, proprietor of UDRP.tools and RDNH.com, and a long-time Director of the ICA. Are PPC Ads on a Registrar Supplied Default Landing Page Evidence of the Respondent’s Bad Faith? The question of who is responsible for the content appearing on registrar default landing pages has troubled UDRP panels ever since registrars began offering such …
Multi-Problems with this ‘Generic .com’ Decision
In Digest 2.31, I wrote about Panelist Aaron Newell’s decision in the TampaWaterTaxi case which resulted in the Respondent bringing the case to Federal Court (which we reported in Digest 2.48v). My concern with the decision in the TampaWaterTaxi.com dispute was that the Panelist ordered the transfer of a descriptive phrase domain name despite a dubious claim of the Complainant …
Panelist: ‘Respondent’s Asking Price is Relevant but not Determinative’ – ICA UDRP Digest – Vol 2.46
We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our Director, Nat Cohen and General Counsel, Zak Muscovitch: ‣ Panelist: ‘Respondent’s Asking Price is Relevant but not Determinative’ (trx .com *plus comment) ‣ Complainant Brought UDRP despite Knowing about Respondent’s Trademarks and Different Business (buildarocket .com *plus comment) ‣ …
Respondent’s Infringing ‘Clover’ Domain Name for Payment Services Likely Targeted Complainant – ICA UDRP Digest – Vol 2.45
We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: ‣ Respondent’s Infringing ‘Clover’ Domain Name for Payment Services Likely Targeted Complainant (cloverskypay .com *plus comment) ‣ Complainant’s 2(f) Registration is an Indication that the Trademark Was Inherently Descriptive (sightandsoundfilms .com *plus comment) ‣ Respondent …
Respondent Fraudulently Impersonated Australian Company – ICA UDRP Digest – Vol 2.44
We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: ‣ Respondent Fraudulently Impersonated Australian Company (universalgiftcard .org) ‣ Complainant Obtains Domain Name from its Former Web Developer (baseballcoachtraining .com *plus comment) ‣ Complex Commercial Matter in Contrast to Cybersquatting (sterop .net) ‣ Cybersquatted Domain Name with Active MX Records Looms as a …
Major COCA-COLA Bottler and Counsel Found to Have Engaged in Reverse Domain Name Hijacking – ICA UDRP Digest – Vol 2.43
We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch: kof.com (with comment by Zak Muscovitch) projectpay.com (with comment by Zak Muscovitch) floridafamilyinsurance.com (with comment by Zak Muscovitch) habi.com (with comment by Zak Muscovitch) goin.com zerobouncerate.com (with comment by Zak Muscovitch) If you like the …
Co-Panelists: Private Research Undertaken by the Presiding Panelist Contaminated the Case ICA UDRP Digest – Vol 2.42
We hope you will enjoy this edition of the Digest, as we review these noteworthy recent decisions: ‣ Co-Panelists: Private Research Undertaken by the Presiding Panelist Contaminated the Case (fordirect.com *with commentary) ‣ Short Acronym Domain Name Can Be Registered for Many Reasons Other than the Complainant (dagi.com *with commentary) ‣ Policy Allows Complainant to Proceed against Various Domain Names …
Resale of Made-up Terms Permissible, Just Like Acronyms, Dictionary Words, and Common Phrases – ICA UDRP Digest – Vol 2.40
Thank you for tuning in to this week’s digest (Vol 2.40)! In this issue, we review these noteworthy decisions: ‣ Resale of Made-up Terms Permissible, Just Like Acronyms, Dictionary Words, and Common Phrases (nobli .com *with commentary) ‣ Gibson Guitars Should Have Done a Google Search before Commencing Complaint (tobias .com) ‣ Registrant Name Corresponding to Domain Name Does Not …
Complainant Attempts to Withdraw Complaint after Respondent Requests RDNH Ruling – ICA UDRP Digest – Vol 2.38
Thank you for joining us for the Digest(vol. 2.38) as we cover some of the most interesting decisions from the past week: ‣ Complainant Attempts to Withdraw Complaint after Respondent Demands RDNH Ruling (veripro .com *with commentary) ‣ Domain Name Registered Before Complainant’s Existence (snugg .com) ‣ Panel Finds Absence of Secondary Meaning in Business Dispute (redreactive .com) ‣ Mambo …