"that it unsuccessfully sought relief from the fraudulent transfer through the Registrar, GoDaddy.com, Inc."
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"that it unsuccessfully sought relief from the fraudulent transfer through the Registrar, GoDaddy.com, Inc."
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UDRP was not created for this kind of disputes.
Very poor decision.
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It will work as long as there is a trademark claim to be made.UDRP was not created for this kind of disputes.
Very poor decision.
The UDRP is designed to address any situation where there is:
1. Identity or confusing similarity with a trademark
2. No legitimate rights or interests in the name by the registrant; and
3. Registration and use in bad faith.
In a "stolen name" UDRP, 2 and 3 are easy, since it was stolen. There have been a couple of these kinds of UDRP's, but the point is that as long as the policy requirements are satisfied, it is the "kind" of dispute for which the UDRP is effective.
If the name is a generic, and was used for generic purposes then, no, a UDRP won't work.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
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