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Listed and Additional Circumstances of Bad Faith
Paragraph 4(b) of the Policy comes into play when the respondent fails to marshal a defense for rights or legitimate…Continuing Legitimate Interest in Domain Name After Termination of Business Relationship
A respondent’s right to continue using a trademark in its domain name after termination of its business relationship with the…Calibrating Trademark Holder’s Reputation Outside its Jurisdiction
That any aggrieved trademark holder can institute a claim against any respondent however distant their countries of residence means only…Exercising Self Help to Effect Settlement of a Claim
Nothing could be easier for a registrar owed money (or, in the case herein discussed, the reseller of a registrar)…Taking Unfair Advantage of the Complainant’s Trademark
Ordinarily, a trademark must have been in existence before the registration of the domain name for a finding of bad…Uncovering and Confirming Knowledge
The basic ingredients for bad faith are knowledge and intention. Denying is more common than admitting them, and although having…Domain Names Composed of Geographic Indicators
Regions, Cities, Municipalities and Towns may wish to control the use of their names on the Internet but there is…Extent of Panel’s Independent Investigation
Rules 12 and 10(a) of the Rules of the Policy are closely connected. Rule 12 grants panelists authority to request…Legitimate Interest Despite Interim Parking
Parking is not prima facie illegitimate, but it may require plausible explanation where the respondent has knowledge of the complainant’s…Not Appropriate for UDRP Determination
UDRP’s remedial niche is limited to disputes of abusive registration of domain names rather than trademark infringement. The WIPO Final…Researching the Past; Blocking Access and Bad Faith
The Panel in Rba Edipresse, S.L. v. Brendhan Hight / MDNH Inc., D2009-1580 (WIPO March 2, 2010) (discussed a few…Secondary Meaning Cannot Be Assumed
Whether geographically near, as in San Diego Hydroponics & Organics v. Innovative Growing Solutions, Inc., D2009-1545 (March 3, 2010) (registered…