First Domain Registered Before Complainant Rights, Second One After
The Panel correctly determined that a domain name simply cannot have been registered in bad faith when the registration predates a trademark right, as noted in UDRP Perspectives at 3.2. It is axiomatic that a Respondent could not have registered a domain name in bad faith before a Complainant acquired rights in the corresponding trademark. For bad faith registration to have occurred, the trademark must predate the Respondent’s domain name registration. There is one limited exception to the general rule, namely where the domain name was registered because of “nascent” trademark rights, such as where the Respondent registered the domain name as a result of the Complainant’s announcement of a new corporate name or where the Respondent registered the domain name because of the Complainant’s trademark application. Continue reading the commentary here…
News Source:Ankur Raheja，This article does not represent our position.
