Overreaching: Priority of Rights to Domain Names ?


Domain Investor
Country flag
Thanks @Wanda , great article with reference to these cases in public domain over the last two weeks. @Jeff It is not about complainant or their attorneys awareness, it is about "Reverse high jacking" being full aware and looking for loopholes to wrest control. Here the technicality of "renewal" is interestingly expounded upon.

Quite a few punch lines and right on, some key statements for me were:

"Both the UDRP and ACPA are dedicated to evicting squatters, but not all holders of domain names corresponding to trademarks are squatters. Priority of right or legitimate interest is a significant factor in determining whether there is an actionable claim for cybersquatting under either regime."

"If the new use spells out a claim for trademark infringement it belongs in federal court. "

"The consensus is firm in holding that renewal is not a triggering event for bad faith even with proof of bad faith use."

"Owners of arguably suggestive generic terms and descriptive phrases registered or claimed as trademarks have no privileged rights to domain names whether or not the trademarks existed prior to domain name registrations."

"This presupposes that the business of buying, selling, and holding domain names in inventory is unlawful in itself, which it isn’t as UDRP Panels have overwhelmingly affirmed."

Wish INDRP proceedings are overhauled and appointed panelists kept pace and were educated in such complex times we live in as these cases illustrate.

In summary IMO a higher threshold needs to be met before a claim can be entertained and when no evidence of bad faith exists, then deemed frivolous, claimant should be penalized.
Similar threads
Thread starter Title Forum Replies Date
Digital Pandit Attention !!! : auDA comes up with its cut-off date for 2LD priority Registrars 0
DNJournal.com .Coms Account for 11 of the Week's 13 Biggest Sales With Priority.com Setting the Pace The Lounge 0
domainking131 Commercial Connect fails miserably in Community Priority bid Non-Indian Domains 0
domainking131 Businesses in Wales get priority for .Cymru and .Wales domain name. New GTLDs 0
the_poet Go Daddy Targets India as a Priority Market for Its Global Expansion General Indian Domain Name Discussion 8
Digital Pandit Amazon sells rights to .box gTLD for $3M Registrars 0
Digital Pandit dotOrg comes with a new registrant rights/appeal mechanism Registrars 0
Digital Pandit Pablo Escobar's family is selling PabloEscobar.com and his other IP Rights up for sale Non-Indian Domains 0
Digital Pandit Trademark rights on Generic Domains to be considered by the US Supreme Court Non-Indian Domains 0
Digital Pandit Our Avenger: Namecheap is fighting for our rights as domain owners Registrars 0
Digital Pandit Upstart DotMusic Ltd has secured the rights to the .music gTLD. New GTLDs 0
JulienJ A new organization protecting the rights of domain name registrants was founded Legal Issues and Dispute 0
domainking131 Mark Zuckerberg pays $700 to Indian cybersquatter for rights to his domain name General Indian Domain Name Discussion 2
domainking131 Google Wins Rights to Two Other New gTLDs : .Map and .Search New GTLDs 0
domainking131 Google Wins Rights for Googlereklamekibi.com Domain Name in Arbitration Non-Indian Domains 0
domainking131 UDRP Panel Gives EasyGroup Rights To The Word “Easy” Non-Indian Domains 0
domainking131 Amazon wins rights to .Book top level domain name New GTLDs 0
CyberKing Unsung Heros? ETs new article on Directi and the future of Radix (has 4 glTD rights) General Indian Domain Name Discussion 0
R ICANN- Registrant Rights and Responsibilities Legal Issues and Dispute 1
7Turnkey Unique Website for Recipes Sharing - Exclusive Rights Websites 1
K [WTS] 175 Adsense Mini Sites - with Master Reseller Rights Non-India Related Domains 0
C Where to get rights? Indian Websites and Start-ups 2

Similar threads


Forums dedicated to Indian domain names, including buying, selling, appraising, developing, and monetizing.

About Us

Latest member
Leah Gotti G
Top Bottom