The procedure for handling domain name disputes is unique.
The complainant will need to submit distinct complaints to various domain name dispute resolution arbitrators, depending on the type of TLDs involved in the dispute.
Three criteria are required for a gTLD dispute complaint to be upheld:
(1) the domain name is “identical or confusingly similar” to the aggrieved trademark;
(2) the owner has no rights or legitimate interests in the domain name; and
(3) the domain name has been registered and is being used in bad faith. The complainant must provide evidence to prove that the above three conditions are present simultaneously.
The bad faith requirements are not the same for each arbitration center, in particular some of them require that domain was registered and used in bad faith, while others only require was used in bad faith.
- Montag, September 12, 2022