blog Complainant Fails to Prove Prior Trademark Rights – vol. 4.40

[ICA]

Posted on Behalf of Ankur Raheja

Complainant Fails to Prove Prior Trademark Rights The Panel was of course, correct that a trademark right must predate the disputed domain name for there to be bad faith registration. As noted in UDRP Perspectives at 3.2, for bad faith registration to have occurred, the trademark must predate the Respondent’s domain name registration. UDRP Panels routinely determine that a domain...

Read More:
https://www.internetcommerce.org/ud...ils-to-prove-prior-trademark-rights-vol-4-40/

 

[Charac]

Posted on Behalf of Ankur Raheja

Complainant Fails to Prove Prior Trademark Rights The Panel was of course, correct that a trademark right must predate the disputed domain name for there to be bad faith registration. As noted in UDRP Perspectives at 3.2, for bad faith registration to have occurred, the trademark must predate the Respondent’s domain name registration. UDRP Panels routinely determine that a domain...

Read More:
https://www.internetcommerce.org/ud...ils-to-prove-prior-trademark-rights-vol-4-40/

Must the mark be live and "registered" for there to be infringement? Not be waiting for this occur?