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Recent Case Notes & Commentary

No Judicial Notice Of Bad Faith

If it were needed, a recent case again emphasised the importance of evidence to support the 3 elements that have to be prove in a UDRP claim.

The case is Absolute Nutrition, LLC v. Matt McLellan, Claim Number: FA1405001561959 ( NAF January 13, 2014).

The Complainant had alleged bad faith but that was as far as it got. The Panel pointed out that that was not enough. There had to be evidence of the allegation and as there was none, the Complainant lost.

The Panel summed up the issue very well by saying:

”Complainant alleges bad faith use and registration in its Complaint, but it fails to support these claims with any facts or conclusions that would allow any reasonable Panel to agree that there is bad faith here.  This Panel will not take judicial notice that there is bad faith.  The Complainant must spell out how, why and when there is bad faith.  Failure to do so dooms Complainant’s case, even though it is the holder of an incontestable and presumptively strong trademark.”


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