RDNH Finding in ‘No Response’ Case I found this decision particularly satisfying. It is well known that people do things online that they otherwise wouldn’t do in person. The same holds true with the UDRP. As counsel, would you dare certify an obviously incomplete or inaccurate pleading if you had to face the judge in person in a court room? …
Respondent Fails to ‘Clearly and Accurately Disclose’ Relationship With Complainant – vol 4.6
Respondent Fails to ‘Clearly and Accurately Disclose’ Relationship With Complainant Although the Oki Data test has consistently been applied since 2001, it is best used as a guide and adapted as necessary by Panels. In other words, it is not enshrined in stone, but rather can be a helpful yardstick by which to measure the good or bad faith of …
Complainant Failing to Meet Standing Requirement of the Policy, Reprimanded – vol 4.5
Complainant Failing to Meet Standing Requirement of the Policy, Reprimanded: The first element of the Policy serves as a “standing requirement” under the UDRP. The threshold inquiry under the first element of the Policy typically involves a relatively straightforward comparison between the Complainant’s trademark and the disputed Domain Name, read more. [Read further commentary] We hope you will enjoy this edition …
No Love for 3-Paragraph Complaint Over Descriptive Domain, Despite Trademark – vol. 4.4
No Love for 3-Paragraph Complaint Over Descriptive Domain, Despite Trademark It is noteworthy and gratifying that the Panel in this matter saw fit to declare Reverse Domain Name Hijacking. This does not appear to have been a cybersquatting case, but rather an instance of a Complainant coveting a similar domain name that had been lawfully used for over ten years. …
Complainant Relies on Odd Copyright Registration But Escapes RDNH – vol. 4.3
We hope you will enjoy this edition of the Digest (vol. 4.3), as we review these noteworthy recent decisions, with expert commentary. (We invite guest commenters to contact us): ‣ Complainant Relies on Odd Copyright Registration But Escapes RDNH (jye .com *with commentary) ‣ Insufficient Evidence to Apply “Telstra” (hackensackmeridianhealth .xyz *with commentary) ‣ Refiled Complaint Succeeds But is this …
Telstra Doctrine Narrow in Application – vol 4.2
We hope you will enjoy this edition of the Digest (vol. 4.2), as we review these noteworthy recent decisions, with expert commentary. (We invite guest commenters to contact us): ‣ Telstra Doctrine Narrow in Application (tractus .com *with commentary) ‣ Century Domain Alleged Stolen (century .com *with commentary) ‣ Complaint Inadequate but Succeeds Anyhow (thenaturesconservancy .org *with commentary) ‣ Lack …
Respondent Had Right to Buy Trademarked Term at Auction – vol 4.1
We hope you will enjoy this edition of the Digest (vol. 4.1), as we review these noteworthy recent decisions, with expert commentary. (We invite guest commenters to contact us): ‣ Respondent Had Right to Buy Trademarked Term at Auction (sleeprx .com) ‣ Non-Use of ‘GM Europe’ Leads to Inference of Bad Faith (gmeurope .com) ‣ Valuable Three-Letter .COM Not Registered …
Complainant Attempts to “Monopolize” Common Indian Term – vol. 3.49
Complainant Attempts to “Monopolize” Common Indian Term Under the first part of the test, the Panelist quite rightly denied confusing similarity despite the fact that both the Complainant’s mark and the disputed Domain Name contained the word, “jodi”. As the Panelist inter alia pointed out, not only were the marks not confusingly similar in a side-by-side comparison, but since the …
Mar-a-Lago is a Florida Man’s Pet Memorial? – vol. 3.48
Mar-a-Lago is a Florida Man’s Pet Memorial? While the panel found that Respondent’s explanation for its registering the disputed Domain Name “strain[s] credulity”, it noted that the website content did provide at least some modicum of support. More importantly, the MAR-A-LAGO trademark registration submitted into evidence by the Complainant issued in April of 1997, one month after Respondent registered the …
The UDRP and Free Speech: Inclusion of “Warning” Sufficient to Negate Risk of Impersonation – vol. 3.47
The UDRP and Free Speech: Inclusion of “Warning” Sufficient to Negate Risk of Impersonation There are a number of interesting points in this decision and I would focus on the following two: The presence of “warning” in the disputed domain name and significance of qualifying terms in free speech and criticism UDRP cases; and Other circumstances the Panel found relevant …