recovering stolen names via WIPO

[draqon]

hi,

i was hoping that the lawyers or knowledgable parties on the forum could help me with a quick legal question. Is the use of WIPO an effective or reliable method to recover domains that were fraudulently stolen? For example, if i own xyz.com, and someone steals it, can I WIPO them and argue bad faith?

I think Mr. Berryhill cited this decision below, but Im not sure if it is just an anomaly or typical of WIPO decisions.

http://www.disputes.org/eresolution/decisions/0343.htm

[jberryhill]

It is an anomaly. If you did not have a trademark, then by the terms of the UDRP, you should not win.

(and please apply the usual dnforum disclaimer that I said "trademark", not "registered trademark" - registration is NOT necessary to have a trademark)

[pljones]

If your domain name isn't identical to a famous mark, the best suggestion in a case like this is to follow the Sex.com case and take the action to federal court. If you file an in personam case, you can get statutory damages and attorneys fees.