UDRP: complainant must (On-)Ramp up the evidence
The case shows that, where complainants are unable to make contact with a registrant and establish a dialogue, the UDRP cannot be used to remedy the situation.
The case shows that, where complainants are unable to make contact with a registrant and establish a dialogue, the UDRP cannot be used to remedy the situation.
The Turkish Court of Cassation has clarified for the first time that it is not possible to request “cancellation” of a WIPO panel’s UDRP decision.
A WIPO panel has refused to transfer the domain name ‘inera.cloud’ because the complainant failed to demonstrate that the respondent had registered and used the domain name in bad faith. The decision is a reminder that providing evidence of a respondent's targeting of a complainant is crucial to succeed in the UDRP proceedings.
A WIPO panel has denied the transfer of the domain name ‘hoopfestbasketball.com’, notably given the respondent's long-standing prior bona fide use of the mark. The case serves as a reminder of the critical importance of providing evidence that a respondent is targeting a brand owner in an attempt to profit from its reputation.
16 July 2024
A WIPO panel has denied a complaint in relation to the disputed domain name ‘puntoblum.com’ because the complainant failed to prove bad-faith registration and use on the part of the respondent. The decision is a reminder that the UDRP was designed to address specific issues relating to cybersquatting, and more complex business disputes generally fall outside of its scope.
15 July 2024
Data on domain name disputes in Brazil suggest that rights holders may be more successful filing UDRP proceedings under the Administrative System for Internet Conflicts; however, evidencing bad faith can be difficult.
10 July 2024
The ADNDRC has seen a 33% increase in UDRP cases over the past five years, as new domain name issues emerge, exclusive interview reveals.
08 July 2024
An uptick in fraudulent domain-name cases necessitates a sophisticated investigation strategy and courts are actively looking into digital platform compliance to curb this surge. Meanwhile, although enforcement at the border is robust, rights holders must remain in constant communication with India’s customs authorities.
24 June 2024
The decision serves as a reminder that trademark owners should carefully assess their legal strategies and evidentiary support when engaging in UDRP proceedings.
18 June 2024
Grace McManus, senior client success manager at GoDaddy Corporate Domains, highlights the top considerations for IP teams looking to create enforceable domain standards across their organisations.
14 June 2024
There was no evidence that the complainant's BECAUSE trademark had amassed such fame as to displace the dictionary word usage of the term ‘because’ in the minds of the public.
11 June 2024
While there may be some conceptual overlap, trademark infringement and the abusive registration of domain names under the UDRP are not always the same thing.
05 June 2024
The case shows that the UDRP may be of no assistance to brand owners whose domain names are inadvertently allowed to lapse.
15 May 2024
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