There have been a number of recent cases involving two to five letter domain names accused of violating the Policy. The history is mixed, but t ...

Rule17(a) of the Rules of the Policy read, "If, before the Panel''''s decision, the Parties agree on a settlement, the Panel shall terminate the administrative proceeding." Consent to transfer takes two forms: 1) The responden ...

The Ninth Circuit’s recent interpretation of the Lanham Act’s damages provisions surely surprised many trademark practitioners.  It held that, when a plaintiff chooses ...

A complaint in a UDRP proceeding is a procedure that combines a pleading with a motion for summary judgment. Whatever evidence a party has in s ...

There are two sides to every coin, and in light of recent judgments, it looks like eBay’s coin is coming up heads in Europe and tails in the United States. In France, a c ...

For intellectual property lawyers, the March announcement by Psystar Company that it had developed and planned to sell a fully functional clone of Apple, Inc.’s M ...

Generally, panelists decide cases based on “general principles of law widely accepted throughout the world,” Fundación Calv ...

The UDRP does not provide for an administrative appeal from an adverse order. Rather, recourse must be a de novo law suit under national ...

An old standard’s taking a new turn, and it’s paving the way for declaratory judgments in trademark disputes. Applying MedImmune, Inc. v. Genentech, Inc. , 2007 U.S. LE ...

A number of decisions have been filed over the course of the last year in which respondents have argued that since the hyperlinks on the landing pag ...

Refiling a complaint is permissible under limited circumstances, most notably following an earlier dismissal on the merits, but also by order granti ...

The mix of cases always includes the occasional complaint that is unsuited to arbitration under the Policy. While there is some elasticity in t ...

The UDRP requires that the complainant prove both registration and use in bad faith [¶4(a)(iii)]. In contrast, country code ADRs ta ...