27 Feb '17, 6pm

RDNH finding against Mexican Complainant, in UDRP at the WIPO

The Respondent bases its argument on the alleged coincidence in timing between an alleged failed attempt by the Complainant to buy the disputed domain name from the Respondent and the filing of this proceeding. However, there is no evidence linking the offer with the Complainant, which denies involvement. The Panel therefore disregards it. Nevertheless, the Panel considers that the Complainant has been guilty of RDNH because its case has failed by a large margin. In the Panel’s opinion, the Complainant knew or at least should have known that it could not prove one of the essential UDRP elements. The Complainant’s representatives quoted extensively from UDRP case law and the Panel thinks it unlikely that they were unaware of the current overwhelming view of UDRP panelists as to the need to prove registration as well as use in bad faith. For the foregoing reasons, the Compla...

Full article: http://domaingang.com/domain-law/centralmedia-com-rdnh-fi...

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