Rethinking the Oki Data Fair Use Test

Rethinking the Oki Data Fair Use Test

One of the most oft-cited decisions in the history of the UDRP (Oki Data Americas, Inc. v. Asdinc.com) involves use of the domain okidataparts.com for a website offering the sale and repair of genuine OKIDATA branded products and parts. That 2001 decision found in favor of the respondent saying that the trademark was used fairly to describe the respondent’s business.

The Responsible Cybersquatter

The Responsible Cybersquatter

We’ve all seen the typical pay-per-click websites that are reached by inputting certain domain names into the address bar. Sometimes they show generic links featuring dating services, mortgage lending, or nutritional supplements; other times, they show links to the owner of a well-known brand name that’s contained in the domain or, worse, to its competitors.