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Expert Analysis

Brand Owner-Friendly UDRP Decision Reinterprets Bad Faith

Law360, New York ( November 20, 2014, 11:01 AM EST) -- Companies routinely bring Uniform Domain-Name Dispute-Resolution Policy actions against entities that register a domain name confusingly similar to the company's trademark and then populate the site with sponsored links that target the trademark holder. But what about instances that are not so clear-cut? What if the disputed domain name was registered before a company began using its mark, initially used in a noncompeting manner and only later redirected to target the company's trademark? In such a case, how can a trademark holder seeking transfer of the domain name make an adequate showing of bad faith under the UDRP?...

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