Legal Watch: UDRP Proceedings: Legitimate Interest of the Respondent

The legitimate interest of the respondent justified by the use of his trademark in connection with the services for which … Continued

Legal Watch : THE UDRP PROCEDURE

The UDRP PROCEDURE is designed to deal with cases of abusive cybersquatting. Since the implementation of the General Data Protection Regulation … Continued

LEGAL WATCH : THE NAME PARISTECH.ORG

The name < PARISTECH.ORG >, operated by Parisian entrepreneurs, would not infringe Paritech’s rights. At the end of the year … Continued

Is it possible to invoke a trademark that is not protected in the defendant&#8217;s country?

The trademark invoked by the applicant does not necessarily have to be protected in the country of the respondent WIPO … Continued

Reverse domain name hijacking

Reverse domain name hijacking constitutes an abuse of procedure. On this topic, the WIPO issued on April 4, 2021 a … Continued

What are the suggested modifications to the UDRP?

Following the UDRP ‘s new gTLD program, new Rights Protection Review Mechanisms (RPM) have been implemented to protect trademark holders, … Continued

Domain name right : bona fide offer of goods or services

 A right or legitimate interest in a domain name may be demonstrated by its use in the context of a … Continued

Why is claiming unregistered trademark rights over a geographical name a difficult challenge in UDRP proceedings?

While certain geographical names may, by exception, benefit from protection within the meaning of the UDRP rules, it should be … Continued

Bringing a lawsuit does not necessarily preclude the UDRP procedure.

Usually, when a legal action is brought in the margins of the UDRP proceeding, the experts refrain from any decision … Continued

UDRP procedure. The bad faith complainant: when the chances of success are so low that the applicant should not have taken action

Source: WIPO, Arbitration and Mediation Center, Jan. 30, 2020, No. D2019-2937, Scalpers Fashion, S.L. c/ Dreamissary Hostmaster   The Spanish … Continued