20 Apr '15, 1pm

Stolen domain name returned to owner in UDRP

As long as the Complainant can satisfy the first element – having a trade or service mark, whether registered or unregistered – then domain theft is just another species of bad faith registration. There is a widespread, and incorrect, belief that the UDRP can be used for domain hi-jackings generally, absent a trade or service mark. The panelist in this decision is careful to make that distinction, but there is no doubt that those who don’t read beyond the headlines will get the impression that the UDRP “works” for domain thefts. It doesn’t, of course, because ICANN policies are primarily driven by brand interests, and concerns about domain registrants rank far below those priorities. Those that specialize in “brand protection” domain registrations prefer it that way, since they can markup .com registrations to $75 or more, while further using the selling point that they wi...

Full article: http://domainnamewire.com/2015/04/20/stolen-domain-name-6...

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