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Uniform Domain Name Dispute Resolution Policy

Topic: Uniform Domain Name Dispute Resolution Policy

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.

Turkish Court of Cassation issues landmark ruling on “cancellation” of WIPO panel decisions

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.

Complainant not on cloud nine as evidence of targeting lacking

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.

Latest content

MakeMyDenial: case found to fall outside UDRP’s scope

The case serves as a reminder that the UDRP is essentially intended for cybersquatting cases, and not suited to an in-depth examination of a party’s motives.

07 May 2024

Nissan takes on ‘nissan.ai’; Tesla sues India-based battery seller; TikTok boycott ends – news digest

In our latest round-up, we look at Walmart launching a new store-label food brand, Dubai counterfeit seizures in Q1 2024, and much more.

03 May 2024

Panel gives respondent the benefit of the doubt in UDRP case

Waiting for an extended period before filing a complaint is likely to pose challenges for both parties, but in particular the complainant.

22 April 2024

UDRP decision highlights complexity in assessing bad-faith registration

While earlier decisions demonstrating a respondent’s previous bad faith can be persuasive, proof of targeting upon registration of the domain name at issue is still crucial.

16 April 2024

Updated WHOIS record misleads UDRP complainant

UDRP complainants should assess, to the extent possible, the ownership and history of a domain name prior to filing a complaint.

09 April 2024

Unauthorised domain name registration does not necessarily equal bad-faith registration

Even if a UDRP complainant were to adduce evidence that a domain name has been registered in breach of a commercial agreement, this alone would not necessarily be sufficient to constitute bad-faith registration.

19 March 2024

“Difficult and expensive” – domain name infringement on the rise, exclusive survey shows

New research comes as domain registrant data remains difficult to access, with one survey respondent bemoaning that “privacy is a gift to pirates”.

15 March 2024

Registration in bad faith is essential for transfer under UDRP

Even where a domain name potentially appears to be used in bad faith, panels always need to consider bad faith at the time of registration - even if this was many years ago.

06 March 2024

WIPO cybersquatting cases grow by 7% to reach new record in 2023

Recent statistics show that the UDRP continues to be an attractive alternative to filing court cases across various jurisdictions.

22 February 2024

Record UDRP filings; ICANN reveals registrant data request levels: Domain Watch (February 2024)

Our monthly column covers recent developments in internet policy, governance and use.

19 February 2024

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