Quote:
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Originally Posted by EdPhillips
If we didn't have the DRS, we would probably have the UDRP instead.
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You mean UDRP which
requires
a Complainant to establish rights that predate Respondent's registration of the disputed domain name. See
Ode v. Intership Ltd. stating that "
We are of the unanimous view that the trademark must predate the domain name.".
Instead of Nominets DRS which allows new and recent trademark or even other non-registered rights to override the rights of registrants who registered domain names long before the complainant came into existence.