Smells like Cybersquatting? How the UDRP “Smell Test” Can Go AwryBy Nat Cohen
Can a Panel’s Sense of Smell Differentiate an Investor from a Cybersquatter?
The UDRP has the form of a substantive Policy, but it operates as a “smell test”.1 If the evidence smells bad, the panel will likely order a transfer. If it doesn’t, the panel won’t.
An aim of this article is to help improve UDRP panels’ sense of smell when it comes to differentiating between domain name investors and cybersquatters. I will provide some insight into the business of domain name investing that I hope will be helpful to UDRP panelists in making more accurate inferences in disputes involving investors.