A UDRP Proceeding, or what is commonly called a “domain dispute,” is an administrative proceeding to stop someone from using a particular domain name. We explained the background of these proceedings here.
UDRP’s Three-Part Test
But a common question is: what elements go into winning a domain dispute? Here are the three elements to any domain dispute claim:
- Is the respondent’s domain name identical or confusingly similar to a trademark or service mark in which the complainant has rights?
- Does the respondent have any rights or legitimate interests in the domain name?
- Did the respondent register and use the domain in bad faith?
While the questions may sound straightforward, they can become incredibly complex when applied to a specific fact pattern. To read more about defending a domain dispute, click here.
Establishing the Prima Facie Case
The Plaintiff (or Complainant) in a domain dispute carries the burden to establish what is called the “prima facie” case. This means the Complainant is required to plead facts that satisfy all three elements above.
Once this is established, the Defendant (or Respondent) has the burden to rebut the Complainant’s claims by attacking the three elements above and showing the domain name at issue is not confusingly similar, that it does have a legitimate interest, and that it did not use the domain in bad faith.
The specific method in which a respondent attacks a claim varies depending on the facts. But if you are filing or defending a domain dispute, you should consult with your attorney or the Internet attorneys at Revision Legal. We handle domain disputes from both sides on a regular basis and can assist in your domain dispute today.
To contact Revision Legal, simply complete the form on this page or call 855-473-8474.
