Saturday, November 24, 2007

NAF Overview - Part 7

As a Respondent, upon receipt of the complaint, your response is due within 20 calendar days (including holidays and weekends). So, if you have an argument, make sure to develop it quickly and get it filed!

Wednesday, November 21, 2007

NAF Overview - Part 6

To help with the argument that the domain name is identical or confusingly similar to a trademark in which complainant has rights, aside from just the spelling of the domain name, you should look to the content on the website to determine if there are any products / services that are offered that are similar to what is offered under your trademark.

Tuesday, November 20, 2007

NAF Overview - Part 5

When trying to show the Respondent has no rights or legitimate interest in a domain name, your arguments should focus on the content of the website (if any) and help draw a conclusion that none of the following exist:
(1) Any preparations to use the domain name in connection with a bona fide offering of goods or services prior to the dispute;
(2) Any indication that the Respondent has been commonly known by the domain name even if it has acquired no trademark rights; and
(3) Any legitimate non-commercial or fair use of the domain name without intent to divert consumers or to tarnish the trademark.