UDRP decision highlights lack of sanctions where complaint is clearly frivolousJane SeagerDavid TaylorDownload PDF
Paragraph 15(e) of the UDRP Rules provides that, if “after considering the submissions the panel finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking or was brought primarily to harass the domain-name holder, the panel shall declare i...
Filing a UDRP Complaint To file a UDRP complaint, the trademark owner must use one of the approved ‘Dispute-Resolution Service Providers’ (see ourLegal Resourcesguide). The cost can range anywhere from $1,000 and up, depending on how many domain names are involved and how many panelists ...
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence pre...
The Complainant otherwise asserted, in the original Complaint, that it had established unregistered, common law rights in XNXX.COM “at least since 2004”. Some limited evidence was entered in support of this assertion. However, the Respondent has challenged the validity of this assertion and the...
Domain Complainant/Respondent Case Number Text Recent Analysis Submitted byDomain(s)ComplainantRespondentRulesetStatus UDRPcommentariesAdventure SASMike Robinson, BlackHawk Paramotors USA Inc. COMPLAINT DENIED Entered on 07-Feb-2020 07:20amUnfamiliarity with / Unprepared for Proceedings under the UDRP ...
and none other) the more likely the registrant has registered the challenged domain name with the mark owner in mind. When we talk about reputation we mean what it was when the domain name was registered because there may be a gulf between that date and the date of the complaint when the...
The Complainant has provided an MOU regarding this distribution arrangement, which refers to a full distribution agreement which was yet to be drafted. The MOU provided in the Complaint is not signed by either party. The Complainant states that the distribution arrangement did not proceed. As such...
The key to success in a UDRP complaint is to demonstrate that the current domain owner is acting in “bad faith”. This may seem difficult to do, but it can be quite easy. UDRP panels have accepted as sufficient evidence of bad faith the following- that the domain isparked(even without...
A domain investor who acquired caribou.com for $91,482 hassuccessfully defendedthe domain in a UDRP. Scott Dylan, a shareholder in UK delivery and logistics company Caribou, filed the complaint. The company uses the domain WeAreCaribou.com. ...