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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

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.

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.

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.

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.

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...

The Hon. Neil Brown QC

BAD FAITH -DISRUPTING THE BUSINESS OF A COMPETITOR

By Guest Contributor Charles A. Kuechenmeister Charles A. Kuechenmeister is a FORUM panelist who was formerly a Judge in Colorado and in...

The Hon. Neil Brown QC

COVID-19 Impact on Domain Name Arbitration

There are very few ways in which our lives have not been impacted by COVID-19 this year - and domain name arbitration is no exception....

Forty-Love: A Cautionary Tale for Celebrity Fan Sites