REVERA secures a winning decision for the client in a domain dispute
The ADR Forum (single-member panel) has issued a decision on the transfer of a group of 10 infringing domain names to our client under the Rules for Uniform Domain Name Dispute Resolution Policy (the “UDRP Policy”).
As a general note, the UDRP Policy allows for the cancellation, suspension, or transfer of infringing domain names if the following criteria are met (UDRP Policy, para. 4(a)):
- the disputed domains are identical or confusingly similar to the trademarks of the rightsholder,
- the respondent has no right or legitimate interest in using the domains,
- the domains were registered and used in bad faith.
The claimant must substantiate this with strong evidence.
In that particular case, we managed to secure not only a winning, but also an extremely efficient decision for the client.
A few highlights:
1. Multiple respondents
In a standard UDRP case, the claimant would typically submit one complaint against one infringing domain name. For example, when BMW submitted a complaint against unauthorized website <http://bmwmodels.com> based on a family of trademarks “BMW”.
But what if there are a dozen infringing clones, with each infringing domain registered under different or even fake IDs?
That would require an extensive submission of duplicative complaints and payment of fees (around USD 1,300 per complaint), as well as your lawyers' charges. This is a costly exercise.
The good news is that there is an opportunity for consolidation of such multiple domains, multiple registrars, and multiple respondents under the umbrella of a single UDRP case, if the claimant shows that it would be equitable and procedurally efficient to permit consolidation of respondents. For example, this can occur when the claimant can prove that all domains in question are registered by a single entity operating under multiple aliases and false IDs. However, you must be careful in collecting and submitting evidence, as it may not be sufficient to assert that the domains themselves are similar.
2. Hiding IDs
Identifying the real owners of websites in the digital space is often a difficult endeavor, especially if they wish to remain anonymous.
UDRP proceedings are a valuable tool that not only facilitates the transfer of disputed domains but also uncovers the identities of imposters for further court remedies against them, such as compensation for damages.
About REVERA
With years of expertise in tackling domain disputes, our REVERA team is ready to support you in all UDRP related matters. Let us fight for your rights!
Contact our legal team to learn more
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