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ARTICLE · 17 MAY 2017

A Better UDRP Standard For Personal Names: Part 1

Arnold & Porter
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The Uniform Domain Name Dispute Resolution Policy frequently provides a welcome remedy for those trademark owners who fall victim to cybersquatters.

United StatesLitigation, Mediation & Arbitration

In this two-part series, we first survey cases under the Uniform Domain Name Dispute Resolution Policy involving the extent to which the UDRP does — and does not — protect individuals' rights in their names against cybersquatters. The series then advocates for a more consistent treatment of well-known individuals who have established goodwill in their names, whether in the commercial or noncommercial context. Using both real and fictional examples, this first part of the series investigates the history of, and current status of cases under, the UDRP, which generally affords protection only to those individuals who can show that they have reaped commercial success through use of their names, or who are otherwise famous celebrities.

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