On 28 April 2000, we started a series on how to lose a UDRP case.   You might think it is strange subject. But there seem to be an increasing number of cases where the trademark owner has failed to prove its case, and where you cannot help thinking that if the case had been presented properly, it might have won, or at least it would have had a better chance of winning.   The same goes for Respondents defending a claim; if they had put better arguments or produced better evidence, they would...

The main vehicle for taking proceedings to obtain a domain name is the UDRP- the Uniform Domain Name Dispute Resolution Policy which has proved over time to be very successful.   But it is often overlooked that there is also another process offered by ICANN which can be used. This is the UNIFORM RAPID SUSPENSION SYSTEM (“URS”).   Its objective is not to obtain transfer or cancellation of the domain name as can be obtained under the UDRP, but to have the registration of the domain name...

It is the basis of the dispute resolution process under the UDRP [1]  that the person claiming the domain name has to prove that the domain name being claimed is identical or confusingly similar to a trademark that the claimant owns. If it is identical, it will be fairly obvious, because the domain name will be the same as the trademark which will probably be re-produced in its entirety or at least will be identifiable. That will often be the case, because the person registering the domain...