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Tag Archives | Affirmative defenses

Reaching Safe Harbor under the UDRP

Respondent reaches safe harbor under the UDRP either by proving good faith or complainant is unsuccessful in proving bad faithParagraph 4(c)(iii) of the Policy is backward looking; that is, it rejects any claim of future, non infringing plans for the domain name. It contrasts with paragraph 4(c)(i) which includes a forward looking defense based on […]

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Respondent’s Right or Legitimate Interest Trumps Complainant’s Trademark Right

There have been a number of cases lately in which complainant has either failed to prove a prima facie case or been unable to overcome respondent’s evidence of its right or legitimate interest in the disputed domain name. Respondent’s use of the domain name is a critical factor, but so too is the trademark. Longevity […]

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