UDRP What Due Diligence Satisfies Registrant’s Representations (UDRP)?

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Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is sign a registrar’s registration agreement. There are no gatekeepers to restrict one’s choice which could be a domain name corresponding to a mark that is or later claimed to be well-known or famous. In fact, ninety plus percent of the time, the choices are indeed infringing. But sometimes, in the region of 7%-8% of cases, registrants’ choices are declared lawful; at other times, some choices are declared unlawful and when challenged in actions under the Anticybersquatting Consumer Protection Act (ACPA) registrants have been vindicated...

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