Literal view of UDRP wins out
10 September 2010
James Nurton, London
An expansive interpretation of the UDRP, which could provide stronger protection for brand owners, looks set to be rejected following a decision this week
For a complaint to succeed, the UDRP requires a finding that a domain name was both registered and used in bad faith. Panellists have traditionally interpreted this language literally, but in a series of well-argued recent decisions some have set out an alternative view - that use or registration in bad faith is sufficient.
This argument has become known as the Octogen line, after three early decisions in which it was put forward. It has been applied by panellists such as Scott Donahey and Andrew Christie.
The Octogen interpretation makes it easier for complainants to establish bad faith, and would sometimes lead to a different finding.
In this week's decision, over domain name ferrlicit.com, Donahey found himself dissenting after two other experienced panellists denied the complaint. They found that while the domain had been used in bad faith, there was no evidence that it had been registered in bad faith.
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