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Why Should a Complainant Who Has No Actionable Claim Be Excused of Wrongful Conduct in Maintaining a UDRP Proceeding?

A claim of reverse domain name hijacking (RDNH) ultimately rests on complainant untruthfully certifying that “the information contained in th[e] Complaint is to the best of [its] knowledge complete and accurate [and] that th[e] Complaint is not being presented for any improper purpose, such as to harass [the respondent].” Paragraph 3(b)(xiv) of the Rules of […]

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Assessing “Improper Purpose” in Commencing a UDRP Proceeding

The 3-member Panel in Albir Hills Resort, S.A. v. Telepathy, Inc., D2012-0997 (WIPO July 19, 2012) makes an interesting comment that is central to its finding against Complainant of reverse domain name hijacking: The Panel considers that the Complainant is represented by an attorney who should have appreciated that the Complaint could not succeed in […]

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