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How Ignorance Can Lead Mark Owners Astray in UDRP Proceedings

Labeled as domains in Domain Industry News, started by equity78, Sep 29, 2020

Replies:
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475

  1. equity78

    equity78 Top Member TheDomains Staff TLDInvestors.com PRO VIP ★★★★★★★★★★

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    The great problem with ignorance is that it leads to disaster when one acts in the belief that he (and not infrequently a corporate "it") is invulnerable to error. The Uniform Domain Name Dispute Resolution Policy (UDRP) is fundamentally a straightforward rights protection mechanism, but as in all clearly written laws, ignorance of its application and of its evidentiary demands can (and generally does) lead to disaster. Mark owners are not entitled to relief because they own marks; resellers are not liable as cybersquatters because they hold domain names identical or confusingly similar to complainants' marks.

    http://www.circleid.com/posts/20200...-lead-mark-owners-astray-in-udrp-proceedings/
     
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  2. Mytz.com

    Mytz.com Top 4L [email protected] IEIE.com CUTU.com NESU.com KKIK.com VIP Gold Account

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    So good domain name also apply for a trademark for him to leave?
     
  3. CraigD

    CraigD 360promo.com VIP

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    Ignorantia juris non excusat

    I believe that this quote from the article sums it all up nicely: "...has a lawful right to "hoard[ ] domain names" in pursuit of its business, and if its acquisition predates the trademark or service mark, its domain name is invincible to forfeiture."

    Great article!
     
  4. pb

    pb Established Member ★★★★★★★★★★

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    That spase guy must be really enjoying being all over the domain news right now. :whistle:
     
  5. Samer

    Samer Top Contributor VIP

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    Hahaha :ROFL:
    That guy. Rick Schwartz Eviscerated him.

    He went on 25 post Twitter rants after found of blatant RDNH. He thinks entitled to everything.

    Thanks Rick, for (rightly) destroying that guy,
    Glad HallofShame com found new face 😂🤣
     
    Last edited: Oct 1, 2020
  6. equity78

    equity78 Top Member TheDomains Staff TLDInvestors.com PRO VIP ★★★★★★★★★★

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    Agree, great article.
     
  7. Bob Hawkes

    Bob Hawkes Top Member NameTalent VIP Gold Account Trusted Blogger

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    “Mocks and jeers should rather be reserved for complainants' sophisticated counsel who litigate in ignorance of the law.”

    This article is well written.I hope people will not lose sight of what he says (this quote) about what is happening.

    Public shaming in almost any situation is wrong. It sometimes is tragically destructive. The public shaming of an uninformed or misguided business owner who chose to represent himself is unwise, and does not reflect well on the domain world, in my opinion.

    Bob
     
    Last edited: Oct 4, 2020

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