Common Law rights

New gTLD Providers Won’t Have To Worry About Secondary Liability For Cybersquatting – 9th Circuit Affirms No Claim For Contributory Cybersquatting Under Statute

The 9th Circuit yesterday affirmed a district court ruling which held that there is no cause of action for contributory infringement under the Anti-Cybersquatting Protection Act (ACPA) to domain registrars, ISP's or other third parties.

By | December 5, 2013|

UDRP Panel Finds Lack of Trademark Rights Over Doctor “Gripe” Site

On May 1, 2013, a three-member Panel of the National Arbitration Forum (“NAF”) denied a UDRP claim brought on April 1, 2013 by Dr. Daniel Taheri of the LA Laser Center, P.C. (“Complainant”) against an entity listed as EMC2 (“Respondent”) over the domain name . This case is of particular interest because the decision was made on the determination that Complainant did not satisfy the first of three requirements for a prima facie case which is unusual.

By | May 14, 2013|

In UDRP Battle TaxHawk’s Common Law Rights Pre-Date Domain Reg.

In Taxhawk, Inc. v. Silmaril ltd, a WIPO arbitration panel dealt with a case of "typo-squatting" concerning the domain names and

By | November 19, 2012|

Cheap Trick Guitarist Wins UDRP For – Five Necked Guitars Rejoice!

I have to admit that when I first saw the UDRP decision summary listing for the domain name I had no idea who Rick Nielsen was or that the dispute involved the guitarist from Cheap Trick, a/k/a the "American Beatles."

By | November 2, 2012|