UDRP Help - Domaining as a Legitimate Use

[acceleratoraccelerator is verified member.]

Hi Guys

I have a UDRP case to defend.

Is anyone aware of the legal precedent / previous UDRPs, which show domaining as a legitimate use.

The case that I wish to defend against is where I have registered a term years ago, where I thought up a generic "future tech" term with a view to either selling the domain or developing such a service myself. At the time I registered it, the complainant was not using the term, and it was only years later that they filed an international trademark.

I wish to prove that registering the generic term with a view to selling it was a legitimate activity at the time, given no intellectual property rights existed then. Is there a legal precedent of cases for this?

Thanks

 

[EdwinEdwin is verified member.]

If the domain name is "worth" defending properly (i.e. very clearly into the £x,xxx or higher bracket) then consider reaching out to John Berryhill, Ari Goldberger or somebody with similar expertise in the matter.

It's not going to be cheap though, so if you go down the DIY route you're going to have to cobble something together.

This may help:
http://www.wipo.int/amc/en/domains/resources/index.html

Especially this:
http://www.wipo.int/amc/en/domains/search/overview2.0/index.html

 

[acceleratoraccelerator is verified member.]

Thanks guys, I'm going the DIY route, wish me luck!

Rgds

 

[acceleratoraccelerator is verified member.]

Has anyone ever been able to prove the concept of an "abusive trademark registration", i.e. where a domainer has registered a domain with a novel and non-intellectual-property abusing term, then someone else has registered a trademark on that term and attempted to get the domain off the domainer?

Thanks