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ARTICLE · 19 MAY 2020

Panelist Utters AVADA KEDAVRA! Curse, Killing UDRP Claim Based On DUMBLEDORE Marks

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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A recent UDRP decision illustrates the unpredictability of UDRP claims where a complainant's asserted trademark has any generic or descriptive meanings.

United StatesIntellectual Property
Jonathan Uffelman
Jonathan Uffelman
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A recent UDRP decision illustrates the unpredictability of UDRP claims where a complainant's asserted trademark has any generic or descriptive meanings.

Based on the world-famous Harry Potter series of books and movies, Warner Bros. Entertainment Inc. ("Warner") holds multiple "Dumbledore"-formative trademark registration, including ALBUS DUMBLEDORE, DUMBLEDORE'S ARMY, and PROFESSOR DUMBLEDORE, but no registrations for "Dumbledore" standing alone.  Karl Allberg acquired the (dumbledore.com) domain name in August or September 2019.  When Warner filed its UDRP complaint in early February 2020, Allberg had not used the domain for anything other than a blank, hosted webpage on WordPress that said nothing but "Dumbledore" and "HOME." 

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