UDRP: should laches be a defence?
19 January 2012
Edward Conlon, London
A UDRP dispute arising 12 years after the respondent registered its domain has highlighted the division between panellists over the defence of laches
In Libertad Servicios Financieros v Telepathy on January 10, Gabriela Kennedy said she would not consider the long delay since the domain’s registration in 1999 as a defence for the respondent.
In his dissenting opinion, Neil Brown QC said Kennedy was wrong to dismiss laches before examining the parties’ evidence, even though laches did not affect the panel’s finding in favour of the respondent.
Brown said: “It would not be appropriate to rule that a claim under the UDRP is automatically barred because of laches or delay. But it is equally...
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