In a recent decision under the UDRP before the World Intellectual Property Organization (WIPO), a three-member Panel refused to order the transfer of a Domain Name because the Complainant failed to demonstrate that it was registered or used in bad faith.
To be successful in a complaint under the UDRP, a complainant must satisfy the following three requirements:
(i) the domain name registered by the respondent is identical or confusingly similar to a trade mark or service mark in which the complainant has rights; and
(ii) the respondent has no rights or legitimate interests in respect of the domain name; and
(iii) the domain name has been registered and is being used in bad faith.
-Anchovy News, May 2021