Panel Finds it is an Abuse of the UDRP to Assert a Trademark Infringement Claim – vol. 4.51

Panel Finds it is an Abuse of the UDRP to Assert a Trademark Infringement Claim – vol. 4.51

The Case of Ekart.com and UDRP Disputes by Indian Companies – Ankur Raheja

Is Reliance Industries the owner of the domain name Reliance.com?

The answer is simply “No” and there are additional examples.

Domain names are registered on a first-come, first-served basis. In domain dispute proceedings, the panel must determine whether the term is a unique, coined phrase associated exclusively with the complainant or if it is a name that could be chosen independently, without knowledge of or reference to the trademark holder. This is well established under UDRP, also evidenced by the UDRP decision pronounced recently in <zoracompanies .com>: (see here). Nevertheless, Indian companies continue to pursue valuable domain names through the UDRP/domain dispute process…

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My Year-End UDRP Roundup – John Berryhill

It’s hard to believe another year is winding down. I usually wait a while to post this, but it is unlikely I’ll be seeing another decision in a UDRP (or other dispute policy) defense this year. I have one ccTLD case on the burner, but the Response will not be due until mid-December, and so the decision won’t be issued until next year.

There seem to be some folks who don’t know what I do for a living. Representing parties in domain disputes is part of it. Obviously, nobody is making a living off of defending eleven cases a year. The fact of the matter is that, as the UDRP matures, the proportion of “interesting” or defensible cases has decreased dramatically. Of UDRP complaints that are denied, an increasing proportion of them are found to be abusive. I ran the numbers on those trends for a presentation at the @ICA meeting last year, and will probably update them after the numbers are in for this year.

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More content:https://www.internetcommerce.org/uncategorized/panel-finds-it-is-an-abuse-of-the-udrp-to-assert-a-trademark-infringement-claim-vol-4-51/

News Source:Ankur Raheja,This article does not represent our position.

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