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ARTICLE · 02 MARCH 2020

No Bad Faith Registration = No UDRP Transfer

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

FranceIntellectual Property
David Taylor
David Taylor

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (the UDRP or the Policy) before the World Intellectual Property Organization (WIPO), a Panel denied the transfer of the domain name wekit.com because the Complainant failed to prove that the Respondent had registered the domain name in bad faith, even though the Respondent was advertising it for sale and the Complainant had a matching trademark.

Background

The Complainant was a marketing agency founded in 2006 in Turin.  It held an Italian trademark registration for the figurative mark WEKIT, applied for in October 2015 and registered in October 2018.  There was nothing to indicate that the Complainant had used the trademark prior to 2015.

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