The purpose of the Uniform Dispute Resolution Policy, known as the UDRP, is primarily to determine disputes relating to the acquisition of domain names in bad faith. Under the UDRP, the Complainant must prove that (i) the disputed domain name is identical with or confusingly similar to a trade mark or service mark in which it has rights; (ii) the domain name holder has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.
Whilst in the majority of dismissals of the complaints to transfer the domain name at issue the Complainant failed to demonstrate condition (iii) above, there is an increasing number of dismissed cases in which the Complainant has attempted to show the domain name registrant's bad faith only on the basis that Complainant has a trademark identical with or similar to the said domain name. Such attempts have been exposed by UDRP Panels who have rejected the corresponding complaints.
