Once You’ve Filed a UDRP, There May Be No Going Back (2.Viewing)

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MacMan

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1. Do not file frivolous UDRP complaints.

Complainants typically file unwinnable UDRP complaints because either they do not understand the UDRP rules or they hope to coerce a domain registrant to transfer the domain. Both can lead to findings of RDNH. The fact that the panel refused to dismiss this case once Blue Nova had filed its response and asserted RDNH demonstrates the perils of both mistakes.

2. Research your case before filing.

Asserting trademark rights that do not pre-date the disputed domain name’s creation date is one of the most common reasons UDRP panels find RDNH. Here, the fact that the domain name was created more than a decade before Mr. Wang owned any rights in the term “Yish” should have at least prompted further investigation.

3. Once You’ve Filed a UDRP, There May Be No Going Back | INCONTESTABLE® Blog
 

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