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Latest Case Notes

Generic Words Show Right or Legitimate Interest

SummerTech Inc. v. Jimmy Hill / iD Tech Camps, NAF Case FA1512001652542 (Feb 4, 2016) The argument is often raised by respondents that the domain name they chose is a generic or descriptive word which gives them a right or legitimate interest. Sometimes it does and sometimes it does not. To succeed, the Respondent will… Read more »

You Can't Allege Bad Faith if You Didn't 'Exist' at the Time of Registration

Tailwind Management, Inc. v Robert Casselman/Sharbo Inc. NAF Case: FA 151 100 164 7644 Tailwind provides an interesting discussion on the satisfaction of ‘Registration and Use in Bad Faith’ (4(a)(iii)) which often arises in UDRP decisions. Having easily satisfied the first two criteria, the Complainant in this case failed to meet this third requirement. Complainant… Read more »

Bad Faith Inferred from Accumulated Pieces of Evidence

Lowe Lintas Private Limited v. Fei Zhu, Low Lintas QC WIPO Case No. D2015-1441, October 9, 2015 In some cases where the Complainant has set about proving bad faith, it is comparatively easy to establish that element, based on the conduct of the registrant of the domain name. In other cases, it has proved more… Read more »