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Will that be able to be used against them in court and/or UDRP.
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Sure. Will it be determininative? Depends.
The underlying question of whether they have relevant rights is going to have to be answered at some point in time.
Having a record of correspondence in which you are the one asking them to explain the basis of their claim, and in which they are refusing to do so, doesn't look very much like bad faith cybersquatting activity - particularly if the complainant then doesn't want the panel to see the correspondence:
http://www.wipo.int/amc/en/domains/d...2006-0673.html Of more concern to the Panel is the fact that the Complaint failed to describe the Complainant’s trade marks accurately and failed to exhibit the complete correspondence of the parties in circumstances where the Complainant was seeking to make a point out of that correspondence.