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Recent Case Notes & Commentary

Case Notes & Commentary provides relevant discussions and opinions on important international and local decisions in Domain Names.

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Domain Times Guide to Domain Name Arbitration

Contributors

The Hon. Neil Brown QC

IS SWAK THE SAME AS KAWS? OR CONFUSINGLY SIMILAR? OR ARE YOU JUST CONFUSED?

KAWS Inc. v. Martin / Jordan Edward / Edward Jordan Claim Number: FA2202001986310, FORUM, 30 March 2022 The basic and seemingly simple...

The Hon. Neil Brown QC

THE CANADIAN UDRP DECISIONS

On 30 December 2020 the Canadian Internet International Dispute Resolution Centre became an approved ICANN dispute resolution provider...

The Hon. Neil Brown QC

NOT A GOOD TIME FOR LUXURIES...

CASE LOST BY COMPLAINANT ON THE TIME WHEN A COMMON LAW TRADEMARK ACCRUED AND ON USING A DOMAIN NAME WITHIN THE ORDINARY MEANING OF THE...

The Hon. Neil Brown QC

Alliance - Common Law Trademark

A recent decision reminds us that a claim for an unregistered or common law trademark will not always succeed and that evidence is...

PROCEED CAREFULLY – AND CARRY A BIG BOOK OF UDRP AND SUPPLEMENTAL RULES

The Hon. Neil Brown QC

PROCEED CAREFULLY – AND CARRY A BIG BOOK OF UDRP AND SUPPLEMENTAL RULES

While the UDRP itself is straightforward, practitioners must consider the totality of the Policy, the Rules, and any Supplemental Rules.

The Hon. Neil Brown QC

IS DUCK SUCK SIMILAR TO DUCK DUCK?

The answer is probably that if it sounds like a duck and walks like a duck it probably is one.

ARM YOURSELF! ANOTHER VICTORY FOR THE NEED FOR EVIDENCE!

The Hon. Neil Brown QC

ARM YOURSELF! ANOTHER VICTORY FOR THE NEED FOR EVIDENCE!

When it came to bad faith, there was insufficient evidence that the Respondent was aware of and targeted the Complainant or its trade mark.

SETTLEMENT AND COMPROMISE BEFORE THE DECISION: BUT WHEN IS A DECISION A DECISION?

The Hon. Neil Brown QC

SETTLEMENT AND COMPROMISE BEFORE THE DECISION: BUT WHEN IS A DECISION A DECISION?

It's not as straightforward as you may think! Often a domain name case will be settled by agreement between parties.

ANOTHER COMPLAINANT STUMBLES AT THE BAD FAITH HURDLE - AND TWO WAYS TO AVOID FALLING OVER

The Hon. Neil Brown QC

ANOTHER COMPLAINANT STUMBLES AT THE BAD FAITH HURDLE - AND TWO WAYS TO AVOID FALLING OVER

It is not rare to find a UDRP case in that the Complainant has succeeded on the first two elements, but cannot prove bad faith registration.

TALE OF TWO DOMAIN NAME CASES AND HOW THE ARBITRATORS RESOLVED THEM

The Hon. Neil Brown QC

TALE OF TWO DOMAIN NAME CASES AND HOW THE ARBITRATORS RESOLVED THEM

Two recent cases tell us a lot about how arbitrators reach their decisions and the considerations that influence those decisions.

The Hon. Neil Brown QC

DON’T LET THIS HAPPEN TO YOU

Having a registered trademark will not guarantee that a Complainant will win a UDRP case; it must go further and prove all three elements.

FORGETTING TO RE-REGISTER A DOMAIN NAME WHEN DUE - ALL IS NOT LOST

The Hon. Neil Brown QC

FORGETTING TO RE-REGISTER A DOMAIN NAME WHEN DUE - ALL IS NOT LOST

All is not lost if you forget to re-register a domain name when if falls due. You may still be able to retrieve the domain through the UDRP.

OVERLOOKING TO RE-REGISTER THE DOMAIN NAME

The Hon. Neil Brown QC

OVERLOOKING TO RE-REGISTER THE DOMAIN NAME

All is not lost if you forget to re-register a domain name when it becomes due. You can still retrieve it under the UDRP process.

ELIGIBILITY RULES MAY BE A PROBLEM IN TRYING TO WIN AN AUSTRALIAN DOMAIN NAME

The Hon. Neil Brown QC

ELIGIBILITY RULES MAY BE A PROBLEM IN TRYING TO WIN AN AUSTRALIAN DOMAIN NAME

People in this industry have to make themselves familiar with the rules of the country code with which they are working.

The Hon. Neil Brown QC

A UDRP PANEL OR COURT PROCEEDINGS?

dmarcian, Inc. v. Martijn Groeneweg / dmarcian Europe BV FORUM Case Claim Number: FA2102001933397 Domain names: <dmarcian-europe.com>,...

The Hon. Neil Brown QC

Canadian Domain Name Disputes

As many of you will have gathered from reading the commentary on this site, the majority of disputes that come before Panelists such as...

The Hon. Neil Brown QC

COMMON LAW TRADEMARK? NO PROOF

Advokatfirmaet Danielsen & Co AS v. Steinar Vigdel Kolnes / Solar Harvest Ltd FORUM Claim Number: FA2012001925950 21 January 2020 The...

The Hon. Neil Brown QC

NO JURISDICTION. OFF TO THE DIVORCE COURT

Chancery Track, LLC v. Andrew Paul FORUM Claim Number: FA2101001928125 22 January 2020 The Complainant was a business that provided...

The Hon. Neil Brown QC

THE UDRP IS NOT FOR YOUR EMPLOYMENT DISPUTES!

Cobrajet, Inc. v. The Endurance International Group, Inc, DOMAIN PRIVACY SERVICE FBO REGISTRANT / Cobra Jet, Cobrajetaviation WIPO Case...

The Hon. Neil Brown QC

RESPONDENT DEFAULTS BUT COMPLAINANT’S CLAIMS STILL DON’T FLY - O FOR AN OSRAM.

O FOR AN OSRAM. ZERO FOR THE RESULT OSRAM GmbH. v. Anh Ho WIPO Case No. D2020-1998 September 16, 2020 When a UDRP Respondent does not...