When Inaction Is Bad Faith: The New Implications Of A Failure To Search.
Mondaq Business Briefing › Nbr. 2002, June 2002
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When Inaction Is Bad Faith: The New Implications Of A Failure To Search.
Article by Julia Anne Matheson and Jennifer Adams Draffen
This article is an updated version of a previously published article co-authored by Julia Anne Matheson titled, "See No Evil, Hear No Evil: No Trademark Search? No Defense." By now, most practitioners recognize that to prevail under the Uniform Dispute Resolution Policy ("UDRP" or "Policy"), a complainant must establish not only that the challenged domain name is identical or confusingly similar to its trademark, and that the registrant has no rights or legitimate interest in that domain name, but further, that the registrant's registration and use of the dom...See the full content of this document
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