The Challenge of Applying the Passive Holding Doctrine in the Absence of a Response by Nat Cohen. While most disputes are undefended, that usually poses little problem for a Panel as the Disputed Domain Name is often put to an obvious bad faith use or it is often the typosquat of a famous, distinctive mark. Read here We hope you will …
Ultra Premium Two-Letter .COM Recovered in Theft Case – vol. 3.35
Ultra Premium Two-Letter .COM Recovered in Theft Case Two-letter .com domain names like PV .com are extraordinarily valuable and sought after. They are the ultra-luxury real estate of the domain name space. Think, Rodeo Drive in Beverly Hills, the Peak in Hong Kong, and Belgravia in London. Just last week, the ultra-premium domain name, VT.com sold for USD $2.5 million. …
How Would You Decide the Screencast .ai Dispute? – vol. 3.34
How Would You Decide the Screencast .ai dispute? In the dispute over the screencast .ai domain name, the legally represented Respondent claims that the term “screencast” has become genericized over the 15 years that have passed since it was first registered as a trademark. The Complainant asserts that it is still a valid trademark and that by offering screencast .ai …
Does the Policy Deal with a Business Dispute Between the Parties? – vol 3.33
Does the Policy Deal with a Business Dispute Between the Parties? Although the UDRP is not intended to address “business disputes” per se, it is not uncommon for employers to bring Complaints against former employees who are alleged to have “absconded” with the employer’s domain name which was registered in the name of the employee… (for full commentary by Zak …
What is the WIPO Overview’s Approach to “Confusingly Similar”? – Vol. 3.32
How is fuck3cx .com confusingly similar to 3CX? The UDRP only applies where: (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; The confusingly similar test is related to the legal concept of “likelihood of confusion… Note: We will be taking next week off so there won’t be …
Cybersquatting on the .CO is Not So Smart – Vol. 3.31
Smartney .co: Did the Respondent target Smartney .com, when he registered Smartney .CO? We hope you will enjoy this edition of the Digest (Vol. 3.31), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch and Editor, Ankur Raheja. (We invite guest commenters to contact us.) ‣ Cybersquatting on the .CO is Not So Smart (smartney …
Undefended AKU .COM Transferred Despite No Evidence of Targeting – Vol. 3.30
Undefended AKU .COM Transferred Despite No Evidence of Targeting This inactive high-value domain name is capable of a multitude of non-infringing uses and was never used to target the Complainant. How did it end up transferred? We hope you will enjoy this edition of the Digest (Vol. 3.30), as we review these noteworthy recent decisions, with commentary from our Director, …
Complainant’s Speculative Case Goes South – Vol. 3.29
Today in UDRP History On July 18, 2002, the Ontario Superior Court of Justice issued a decision in Black v. Molson, overturning NAF Panelist Robert Merhige’s Order transferring “Canadian .biz” to Molson. Panelist Merhige had inter alia found that since the recorded registrant, “%2d%2d”, didn’t exist – despite it being an apparent URL encoding glitch – that neither “it” nor …
“Free Speech” Under the UDRP – Vol. 3.28
ON THIS DAY IN UDRP HISTORY – JULY 11, 2000 On July 11, 2000, Dr. Andrew F. Christie was appointed by WIPO to be the sole panelist in Gordon Sumner, p/k/a Sting v Michael Urvan, namely the Sting.com UDRP dispute. According to Wikipedia; “The case drew international attention for being the first major defeat of a celebrity in a domain …
A Simple Matter of Logic Saves Integrity – Vol. 3.27
We hope you will enjoy this edition of the Digest (Vol. 3.27), as we review these noteworthy recent decisions, with commentary from our General Counsel, Zak Muscovitch. We invite guest commenters to contact us. ‣ A Simple Matter of Logic Saves Integrity (integrity .com*with commentary) ‣ Expired Domain Name Recovery ‘Made Easy’ (icemadeeasy .com*with commentary) ‣ Not The Panel’s Role to Search …