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Archive | July, 2012

Proving Facts and Citing Authority in UDRP Disputes

Complainant’s submission on a UDRP claim must be sufficient to support its demand for forfeiture or it misplays its opportunity. It cannot rest on unsupported allegations to establish bad faith even where it succeeds on its prima facie case. A current illustration is Dice Partners, Inc. v. Joshua Cartu, D2012-0992 (WIPO June 25, 2012), discussed […]

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Anticybersquatting Consumer Protection Act’s In Rem Jurisdiction

An owner of a trademark registered in any jurisdiction or whose unregistered right is recognized under any national law satisfies the threshold requirements for standing in a UDRP proceeding. The UDRP and Rules provide for a simplified procedure for obtaining personal jurisdiction, but whether the registrant/respondent answers the complaint or not the Panel is authorized […]

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