ICA No Place for Constructive Notice in UDRP – vol. 5.1

[ICA]

No Place for Constructive Notice in UDRP Once again, a Complainant has erroneously relied on “constructive notice”. The Panel properly dismissed this allegation, in part relying upon Gerald Levine’s treatise (“Clash”). As noted in UDRP Perspectives at 3.4, there is no place for the concept of “constructive knowledge” of trademarks under the Policy. In The Way International Inc. v. Diamond ...

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