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Recent Case Notes & Commentary

Case Notes & Commentary provides relevant discussions and opinions on important international and local decisions in Domain Names.

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Domain Times Guide to Domain Name Arbitration

Contibutors

The Hon. Neil Brown QC

Confusing Similarity: Failing the Threshold Test

The RCS Network v. zhouliang liang / zhou liang liang Forum Case No. FA2001001878988 February 22nd 2020 Little more than a standard requirement, or threshold...

The Hon. Neil Brown QC

Another Case Where the Evidence Fails to Prove Bad Faith

Agrosuper S.A. v. Joong Supachuli WIPO Case No. D2019-2794 February 7th 2020 The Perils of proving bad faith and how they could have been avoided. The need t...

The Hon. Neil Brown QC

When must there be bad faith? – Corrs Chambers Westgarth Fails on Evidence

Corrs Chambers Westgarth v. Domain Vault LLC WIPO Case No. D2019-2535 December 3, 2019 Law firms are sitting ducks for cybersquatters who copy their name and...

The Hon. Neil Brown QC

Rights or legitimate interests: Do you have rights to your own surname?

Grahacipta Hadiprana v. GlobalPort WIPO Case No. D2019-2711 January 7, 2020 In order to succeed in any UDRP claim, Respondents must demonstrate that they hav...

The Hon. Neil Brown QC

Can you Register a Domain in your own Name?

Nalli Chinnasami Chetty v. Anthony Nalli, FourPoints Multimedia Corp Case No. D2019-2642 December 18, 2019 It is not as rare as one may imagine for undefende...

The Hon. Neil Brown QC

Consent to Transfer

As they are needed by practitioners with what seems to be increasing frequency, we thought it useful for you if we noted another decision where a Panel has o...

The Hon. Neil Brown QC

Can you Register your own Name as a Domain Name?

Nalli Chinnasami Chetty v. Anthony Nalli, FourPoints Multimedia Corp Case No. D2019-2642 December 18, 2019 It is not as rare as one may imagine for undefende...

The Hon. Neil Brown QC

Evidence, Proof and Inference in UDRP proceedings

Ubisoft Mobile Games v. Registration Private, Domain By Proxy, LLC / UEO Solutions Case No. D2019-1744 December 23, 2019 One of the biggest hurdles a Complai...

The Hon. Neil Brown QC

Timing of bad faith – Corrs Chambers Westgarth Fails on Evidence to take domain name

Corrs Chambers Westgarth v. Domain Vault LLC WIPO Case No. D2019-2535 December 3, 2019 National Australian law firm Corrs Chambers Westgarth failed to win th...

The Hon. Neil Brown QC

Impersonation of trademark owner and defamation not legitimate uses of domain names

McGuireWoods LLP v. Bobby Jones FORUM Claim Number: FA1911001871096 December 11th 2019 What counts as a legitimate interest in a domain name? The question of...

The Hon. Neil Brown QC

A Defence without Evidence: Doomed to Fail

Naspers Limited v. M. Bishoen, C&C Participaties B.V. Case No. D2019-2363 November 28, 2019 Many of the claims brought under the UDRP appear to be clear case...

The Hon. Neil Brown QC

Domain Names Registered before Trademarks: Vexatious Claims and Reverse Domain Name Hijacking

Advice Group S.P.A. v. Privacy Administrator, Anonymize, Inc. / Michele Dinoia, Macrosten LTD Case No. D2019-2441 December 2, 2019 All too often, UDRP claims...

The Hon. Neil Brown QC

Evidence saves a Complainant from a finding of reverse domain name hijacking

Terracon Consultants, Inc. v. Steven Dye, Off The Wall WIPO Case No. D2019-2055 November 22, 2019 In the case of Terracon Consultants v Steven Dye, the Respo...

The Hon. Neil Brown QC

Consent to Transfer of a Domain Name is an Active Process and Must Be Followed Through

e Toronto-Dominion Bank v. michael roth FORUM Claim Number: FA1911001870296 December 3rd 2019 Occasionally domain name transfers are resolved simply by the R...

The Hon. Neil Brown QC

Terminating a Contract that was the Basis for a Domain Name - Not The End of the Story

JMB Aircraft s.r.o. v. / justfly As Forum Claim Number: FA1911001872262 December 12, 2019 The result in UDRP disputes can be affected by contractual agreemen...

The Hon. Neil Brown QC

Spurious Allegations of Bad Faith Will not Succeed: Hard Evidence is Needed

6d bytes v. Arboris Ltd / Charles Sears Forum Claim Number: FA1908001857298 September 24, 2019 There has been another instalment in the answer to the questio...

The Hon. Neil Brown QC

Commercial Disputes not for the UDRP

Charged Media, LLC v. Daniel Holsinger Case No. D2019-2255 6 December 2019 The arbitration process through the UDRP has shown its great value over the years....

The Hon. Neil Brown QC

The UDRP and the Doctrine of Laches

SageNet LLC v. Hill, Randy Claim Number: FA1910001865122 November 8, 2019 The Doctrine of Laches, as an equitable defence, rears itself only occasionally in ...

The Hon. Neil Brown QC

Dyslexic Domain Names Won’t Fly Under the UDRP Radar

Coachella Music Festival, LLC v. travis harris Claim Number: FA1910001866486 November 8, 2019 The prominent US music festival, Coachella has recently brought...

The Hon. Neil Brown QC

Can the UDRP Deal with Daddy Issues?

Big Brands, LLC v. Zach Mosesian Claim Number: FA1909001863623 8 November, 2019 While the UDRP maintains its role as an effective remedy against cybersquatti...