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Dismissal of UDRP Complaint Without Prejudice

Ordinarily, complaints are dismissed for two reasons (or the same reason but expressed in two different ways): either the complainant fails to prove respondent registered the domain name in bad faith (although respondent has no right or legitimate interest in it); or respondent rebuts bad faith registration even though it may be using the domain […]

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What is “Genuine” Criticism and When Is It Accepted as a Defense to Abusive Registration?

Paragraph 4(c)(iii) of the Policy recognizes the free speech defense but this is one of the blurry areas of domain name jurisprudence. The WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition describes two views on criticism. View 1 states that “The right to criticize does not necessarily extend to registering and […]

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Different Mind-Sets In Inferring Bad Faith Registration from Bad Faith Use

Of the four enumerated circumstances of bad faith in paragraph 4(b) the first three describe bad faith registration while the fourth (4(b)(iv)) describes bad faith use. A respondent may lack rights or legitimate interests in the domain name (4(a)(ii)) but if the evidence is insufficient to support an inference of bad faith registration there is […]

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Standards of Proof, URS (Clear and Convincing) and UDRP (Preponderance of the Evidence)

In the hierarchy of standards “beyond a reasonable doubt” (criminal intent) is higher than “clear and convincing” (URS) which is higher than “preponderance of the evidence” (UDRP). The UDRP sets forth in general terms conduct that violates a trademark owner’s rights and respondent’s defenses of fair use and registration but to understand the fine points […]

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The Burden of Establishing a Right (or Legitimate Interest)

Complainant does not have to establish a right to the domain name–its burden is to establish that respondent registered the domain name in bad faith–but it does have to establish it owns (or has an exclusive right to use) a trademark it claims infringes its right. There has to be some evidence of the right. […]

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