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.
While several elements of this case meant that it initially appeared winnable for the complainant, the panel concluded that bad-faith registration on the respondent’s part had not been proven.
09 February 2024
The rapidly evolving and competitive nature of the Internet carries a high risk of infringement. For rights holders of domain names in China, it is vital to understand the different dispute resolution methods in order to effectively protect their assets.
25 January 2024
UDRP panels will require very convincing evidence of bad-faith targeting before ordering the transfer of valuable domain names.
16 January 2024
Evidence that the respondent was targeting the complainant’s trademark is key under the UDRP.
10 January 2024
WTR sits down with Patrick Flaherty, senior managing associate general counsel, intellectual property law and policy group, at Verizon, to reflect on an award-winning year and why brand owners need to make use of ICANN’s Registration Data Request Service.
02 January 2024
Brand owners should investigate public sources of information about a domain name registrant as much as possible before filing a complaint under the ‘.au’ DRP.
23 November 2023
The decision highlights the difficulties of establishing bad faith in a passive holding case where targeting evidence is scarce.
14 November 2023
UDRP complaints should be thoroughly substantiated and not contain bare assertions.
07 November 2023
Unlock unlimited access to all WTR content