UDRP finds laches and that heading is also generic - Panelist questions why case was filed 16 years after domain was registered, and notes that the trademark is also generic.
When is a trademark also generic?
You probably didn’t know that the hardware chain True Value Company has a trademark on the term “Green Thumb”. It has a registered trademark on the term dating to 1987.
I always thought the term meant someone who is good with gardening.
I’m not alone, either. Apparently, in the same year of True Value’s trademark registration, a dictionary ... read more ...
Tag Archives: laches
Mon 28th September 2015
Thu 24th October 2013
Panel dismisses UDRP formed mostly on laches -
Panelist questions why complainant waited 13 years to file a domain name dispute.
A National Arbitration Forum panel has dismissed a UDRP case, and it seems that the main reason was that the case was brought 13 years after the domain name was registered.
The case was brought by Galaxy Catering, Inc., aka Big Texan Steak Ranch over the domain name TheBigTexan.com. The respondent registered the domain name in 2000, and panelist Nathalie Dreyfus questioned why, if it ... read more ...
Wed 16th January 2013
Breaking: a initial loyal laches UDRP decision -
National Arbitration Forum panel finds case should be barred based on laches.
The doctrine of laches bars bringing a claim after an unreasonable delay in a way that unduly hurts the opposing party.
Laches started creeping into UDRP cases over the past couple years. But panels usually mention it as part of what led them to their conclusion.
Now a three person panel has decided a case based entirely on laches.
This is a big deal as there is now a big precedent to point ... read more ...