Although trademark holders are not limited territorially in maintaining a proceeding under the UDRP – a “complainant’s showing of secondary m ...

Rule 12 of the Rules of the Policy authorize a Panel “in its sole discretion” to request “further statements or documents from either of th ...

Against cases initiated under the Uniform Domain Name Resolution Policy the consensus is that laches is not a defense to a claim of violation. Paradoxic ...

The mere fact that a significant proportion of proceedings are decided without any respondent participation – an equivocal advantage because default is not an admission und ...

It is elementary that the evidence a party needs to successfully prosecute or defend a UDRP case comes from two sources: that which it controls (pri ...

2008 has been fruitful for personal name decisions. As a general rule a person aggrieved by a registrant misappropriating his personal name for ...

Policy, ¶4(a) provides that the respondent is “required to submit to a mandatory administrative proceeding in the event that a third part ...

The Policy lists four non‑exclusive examples of bad faith. Each identifies a particular and distin ...

Once a case is submitted to a Panel, it is either decided or terminated. If terminated it is either b ...

Against a complainant who abuses the UDRP procedure – a recent example being Collective Media, Inc. v. CKV / COLLECTIVEMEDIA.COM ...

The mix of cases always includes the occasional complaint that is unsuited to arbitration under the Policy. While there is some elasticity in t ...

The UDRP requires that the complainant prove both registration and use in bad faith [¶4(a)(iii)]. In contrast, country code ADRs ta ...

    In the comment “Punting or Admirable Restraint” I reported on a case that the Panel held was not ripe for determination under the Policy. The issue there concerned lack of subject matter jurisdiction and brought into play ...

    In a letter dated April 16, 2008, WIPO calls ICANN’s attention to "certain registrar-related practices ... having a potentially adverse effect on the function of the ICANN-mandated Uniform Domain Name Dispute Resolution Po ...

    The Panel in Family Watchdog LLC v. Lester Schweiss , D2008-0183 (WIPO April 23, 2008) (Complaint dismissed) found that although the Complainant had received a certificate of registration for its trademark, t ...