Legitimate interests

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

Contibutors

The Hon. Neil Brown QC

EVIDENCE ON RIGHTS AND LEGITIMATE INTERESTS

To defend a domain name that is under attack from a complainant, respondents have ample scope to give any reason why they have a right or legitimate interest...

The Hon. Neil Brown QC

GENERIC WORDS - RIGHTS AND LEGITIMATE INTERESTS - EVIDENCE CAN HELP

Naturalia France v. Whois privacy services provided by DomainProtect LLC/IT-Company Ltd, WIPO, D2018-0872. 6 August 2018 Deciding if there is a right or legi...

The Hon. Neil Brown QC

COMMON LAW TRADEMARK -CONFUSINGLY SIMILAR- NO LEGITIMATE INTEREST-BAD FAITH REGISTRATION

Delta9 Bio-Tech Inc. v. DELTA NINE, a sole proprietorship DCA-1980-CIRA BCICA Case 30 May 2018 Complainant, in the medical marijuana business, did not have...

The Hon. Neil Brown QC

BUYING A DOMAIN NAME THAT INCORPORATES ANOTHER’S TRADEMARK

Rolyn Companies Inc. v. Mediablue Inc. WIPO Case No. D2018-0072 4 April 2018 Rolyn is another of an increasing number of cases we see these days where a trad...

The Hon. Neil Brown QC

AN INTRODUCTION TO DOMAIN NAME ARBITRATION

Some of Domain Times readers have said they would like a general introduction to the process of the arbitration of disputes. So we now present this short int...

The Hon. Neil Brown QC

BAD FAITH UNLIKELY IF PARTIES ARE IN DIFFERENT BUSINESSES

TrueKare, LLC v. Carlos Manuel dos Santos Azevedo FORUM Case, Claim Number: FA1403001546541 May 05, 2014 Although it was delivered a few years ago, this deci...

The Hon. Neil Brown QC

RIGHT OR LEGITIMATE INTEREST

It is often said- because it is often true- that if someone has registered a domain name that incorporates the complainant’s trademark, then the complainant ...

The Hon. Neil Brown QC

Failing to Prove Registration in Bad Faith

Connor Sport Court International, LLC v. Ariel Rivas Productions WIPO Case No. D2016-2301 Often, Complainants can prove the domain name is being used in bad ...

The Hon. Neil Brown QC

Generic Words Show Right or Legitimate Interest

SummerTech Inc. v. Jimmy Hill / iD Tech Camps, NAF Case FA1512001652542 (Feb 4, 2016). The argument is often raised by respondents that the domain name they ...

The Hon. Neil Brown QC

You Can’t Allege Bad Faith if You Didn’t ‘Exist’ at the Time of Registration

Tailwind Management, Inc. v Robert Casselman/Sharbo Inc. NAF Case: FA 151 100 164 7644 Tailwind provides an interesting discussion on the satisfaction of ‘Re...

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