Three-person UDRP panel rejects Octogen line
02 June 2010
Fionn O'Raghallaigh, London
A three-person UDRP panel has rejected the notion of retroactive bad faith registration in UDRP cases
The UDRP decision in Burn World-Wide, Ltd. d/b/a BGT Partners v Banta Global Turnkey Ltd, dated May 19, featured the first three-person panel to reject the so called Octogen line, in which panellist Scott Donahey reinterpreted the traditional conjunctive interpretation of bad faith use and registration under the Policy.
The complainant cited two cases both decided by Donahey City Views Limited v Moniker Privacy Services / Xander, Jeduyu, ALGEBRALIVE and Octogen Pharmacal Company, Inc. v Domains By Proxy, Inc. / Rich Sanders and Octogen e-Solutions, which encapsulate the Octogen line.
In the decision the panel - comprising Matthew Harris, Warwick...
Only subscribers have complete access to Managing IP Magazine,
log in or
subscribe now.
Alternatively take a
free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).
Subscribe Now
This article is available to subscribers. Please click subscribe to read the rest of the article.
Subscribe
Take a free trial
Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.
Take a free trial