2014-03-04

Domain Names, Trademarks, UDRP Abuse

How many UDRP panels have considered the following in deciding a UDRP case?

"Under U.S. trademark law, two or more people can use identical trademarks if their goods and services are sufficiently different – for example, “Eagle” brand snack foods, “Eagle” brand doorbells, and “Eagle” brand carburetors. So in theory, other parties hoping to cash in on the “Shinola” cachet could latch onto the name for use with products other than watches, bicycles, and shoe polish." source: Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity - January 2014 • Volume 3, Number 1 | Dickinson Wright - JDSupra

My guess? None, based upon reading numerous UDRP case decisions. UDRP abuse is rampant, and UDRPs are being used to steal domain names from rightful owners. Another example of how ICANN has failed to carry out its duties under its agreements with the US government.

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