28 Sep '16, 1pm

Huh? UDRP against 21-year-old domain based on 2-year-old trademark is not RDNH

…WIPO panels have found that the onus of proving complainant bad faith in such cases is generally on the respondent, whereby mere lack of success of the complaint is not itself sufficient for a finding of Reverse Domain Name Hijacking. (See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, paragraph 4.17, and cases cited therein). Another common feature of previous panel decisions is that there is a tendency to identify the bad faith requirement with the degree of the Complainant’s knowledge of its capability of meeting its burden of proof with regard to the mandatory elements of paragraph 4 of the Policy. For example, in carsales.com.au Limited v. Alton L. Flanders, WIPO Case No. D2004-0047, the Panel states that “a finding of reverse domain name hijacking is warranted if the Complainant knew or should have known at the time it filed the Complaint that it coul...

Full article: http://domainnamewire.com/2016/09/28/huh-udrp-21-year-old...

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