Trademark fraud claims aren’t going away, despite the fact that the Trademark Trial and Appeal Board (TTAB) has not found fraud in a single trademark opposition or cancellation since the Federal Circuit decided In re Bose in 2009, rejecting the prior “knew or should have known” standard in favor of the much more difficult
Knew or Should Have Known
Reverse Domain Name Hijacking: An Emerging Negligence Standard?
By Steve Baird® on
A recent domain name decision under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP Policy), captioned Bin Shabib & Associates (BSA) LLP v. Hebei IT Shanghai ltd c/o Domain Administrator, found reverse domain name hijacking, under some rather interesting, if not questionable circumstances. The Rules that govern the UDRP Policy define Reverse Domain Name HiJacking…