Bad Faith and the Essential Importance of Dates Under the UDRP

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Two decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) provide an important (but obviously sometimes forgotten) reminder about the need to compare the date on which a complainant obtained its relevant trademark rights with the date on which a respondent obtained its disputed domain name.

The comparison is often vital to the issue of “bad faith,” the third of the UDRP’s three-part test. That element requires a trademark owner to convince the panel that the disputed domain name “has been registered and is being used in bad faith.”

In general, UDRP panels require that the complainant’s trademark rights

The post Bad Faith and the Essential Importance of Dates Under the UDRP appeared first on GigaLaw.

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Author: Doug Isenberg

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