UDRP Case Study Reverse Domain Name Hijacking itdccom

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In this case study video, attorney Doug Isenberg of GigaLaw discusses Reverse Domain Name Hijacking (RDNH), which occurs when a panel under the Uniform Domain Name Dispute Resolution Policy (UDRP) finds that a complainant used the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name. • As Doug explains, in this case involving the domain name itdc.com, the panel said that the complainant provided no evidence… that ITDC was even a known or established mark in November 2018 when Respondent acquired the disputed domain name. As a result, the UDRP panel wrote: After over 20 years of UDRP jurisprudence, Complainant clearly ought to have known that it could not succeed under any fair interpretation of the facts reasonably available prior to the filing of the Complaint and that basing its complaint on the barest of allegations without any supporting evidence on what is essentially a trademark infringement dispute was doomed to fail and an abuse of the UDRP process. • Case cited: HBA Holding LLC v. William Sylvester, WIPO Case No. D2021-0048, https://www.wipo.int/amc/en/domains/s... • - GigaLaw website: https://giga.law/ • • Domain Name Disputes: A Masterclass: https://giga.law/masterclass • About Doug Isenberg: https://giga.law/about-doug-isenberg • Disclaimer: This video is for general informational purposes only, provides only a summary of specific issues, and is not intended to be and should not be relied upon as legal advice regarding any specific situation. This video is not intended to create, and does not constitute, an attorney-client relationship. Viewers should consult with legal counsel to determine how laws, policies or decisions and other topics discussed in this video apply to the viewers' specific circumstances. This video may be considered attorney advertising under court rules of certain jurisdictions. Copyright © 2021 Douglas M. Isenberg

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