The Uniform Domain Name Dispute Resolution Policy (UDRP) is designed to address cases of abusive domain name registration and use. Since 1999, approximately 88% of all cases decided at the two most frequently used UDRP arbitration forums–the World Intellectual Property Organisation and the National Arbitration Forum–have resulted in the transfer or cancellation of the domain name(s) at issue. Because so many cybersquatters operate in secrecy, domain name registrants often do not contest a UDRP complaint led against them. Accordingly, before filing a complaint, trademark owners must carefully analyse the facts of their case and ensure that they back up their assertions with sufficient evidence. In this article, Finnegan attorneys Douglas A. Rettew and Jonathan Uffleman provide an overview of common issues that trademark holders should consider when preparing a UDRP complaint.
Previously published in World Trademark Review
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