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ARTICLE · 02 MARCH 2020

Bad Faith Registration Cannot Be Proved Retrospectively

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO),...

FranceIntellectual Property
David Taylor
David Taylor

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel denied the transfer of the domain names adgrabber.com and addgrabber.com due to insufficient evidence of the respondent's bad faith at the time of registration.

Background

The Complainant was Adgrabber AB, a Swedish company operating an online platform related to media and marketing purchases.  Created on 8 August 2018, the Complainant was the owner of the Swedish trademark for ADGRABBER, which was filed on 20 August 2018 and registered on 16 October 2018.

The Respondent was Robin Kochauf of Gordito AB, based in Sweden.  He was previously the Chief Technical Officer (CTO) of the Complainant's company and signed a shareholder agreement in 2019.

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