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That’s Hilarious! UDRP Complainant Says That Respondent "Isn’t Known" By his OWN First Name!

By Zak Muscovitch. From the 'now I have heard it all file', Complainant corporation, Allesandro International of Germany actually claimed that Respondent, Allessandro Gualandi, an individual from New York, wasn't "commonly known" by his own first name - Allesandro! The UDRP dispute about >>allessandro.com<< was denied by the Panelist, Pablo A. Palazzi on February 16, 2015, but not before hearing
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UDRP Logic PART II: Trademark Rights Do Not Magically Relate Back

By Zak Muscovitch.Again turning to the insightful and compelling Riveron decision which I wrote about yesterday, you will be comforted to know that as far as the panelist in that case was concerned, magic doesn't work in UDRP proceedings. The panelist, Paul M. DeCicco, clearly and eloquently stated that, "While Complainant currently has trademark rights...such rights do not magically relate back
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UDRP Logic: Trademark Must Come Before Domain Name To Find ‘No Right or Legitimate Interest’

By Zak Muscovitch. Recently I reviewed a UDRP decision that deserves additional attention and respect. The case was Riveron Consulting, L.P. v. Stanley Pace, and it was decided by Paul M. DeCicco in 2010. It concerned the domain name, RIVERON.COM. Of particular interest however, was how the Panelist approached the issue of "Legitimate Interest" in a logical fashion. For a complainant to succeed
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You Registered Coca-Cola.WTH? C’mon.

By Zak Muscovitch. One of the great things about registering new gTLD's is that you sometimes can find out what happened to the last guy who tried the same thing with the .com version. I am usually in a good enough mood to happily answer general domai...
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When a Trademark is Not a Trademark

By Zak Muscovitch. It happens. A lawyer sends a C&D letter, or serves a UDRP that relies on a "Registered Trademark". It shows up in the USPTO database, but it may not really be a trademark. How is that possible? When the "trademark" is registered on the "Supplemental Register". The United States Trademark Act provides for the registration of trademarks on either the "Principal" or "
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Cigarette Company Wins DJ Domain Name at UDRP

By Zak Muscovitch. The domain name, DJBLACKNMILD.COM was ordered transferred to cigarette company, John Middleton Co. by an NAF Panel in a decision dated, January 7, 2015. The Respondent, was "j alvarez" from Alabama, USA. What caught my attention here, is the oddity of someone purportedly cybersquatting on a cigarette brand by supposedly adding "DJ" to it. The Complaint was undefended and
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Hold On! – Since when is parking a generic domain bad faith?

In the recent HoldOn.com decision, sole panelist Christopher Pibus found the domain owner guilty of bad faith for simply placing the domain on a parking page. Pibus made the bad faith finding despite there being no evidence that any of the ads on the parked page were infringing.  When I visited the page at HoldOn.com, […]
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For Those That Believe That a Loser UDRP Complainant Should Pay

Every so often a seemingly merit-less UDRP Complaint is publicized, and rightfully so. It is often shocking to see complaints that purport to challenge a domain name, that was for example, generic, or that was registered before the corresponding trademark was even a "twinkle in the eye" of the trademark owner. These kind of complaints are often accurately characterized as "Reverse Domain Name
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