Should I file a UDRP complaint?

The fact that you are considering this question shows that you have some level of discernment, as it truly is a question that should be considered by any organization rather than a route which is pursued in all cases.

Time and time again we come up against Attorneys / Legal Counsel who wrongly advise their clients to pursue the UDRP when really they have no basis for their claim.

Trademark owners need to be aware that the UDRP is limited to “clear cases of abusive registration and use” and it should be taken seriously. There is a significant amount of case law which affirms that a Complainant can be guilty of Reverse Domain Name High-Jacking (RDNH) when a Complainant initiates a UDRP proceeding with knowledge that the Respondent has a superior claim to the domain name. Ignorance is also not a defence, especially when represented by experienced counsel. The policy has been in place for more than a decade and much is done to make it clear as to what circumstances it actually covers.

It is fundamental that trademark owners carry out their own due diligence, keep an open mind and try to see the domain owners point of view.

Ask yourself:

–       Does the domain name predate my trademark registration? What does this reveal?

–       Does my brand name have various meanings in other cultures or can it be used in a different context?

–       Yes, my brand name is genius but is it possible that someone else could have had the same or similar idea as mine?

RDNH is not a stamp that your company wants attached to its online reputation. You may also find that the domain name which you could have probably negotiated at a reasonable sum has now doubled or even has a couple of zeros added to its price.

So, If you are “considering” filing a UDRP complaint; think again  and contact us here at UDRP POLICE DBS.

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