Concealed Registration Data Under The GDPR Complicates UDRP Complaints

A recent case from the World Intellectual Property Organization (“WIPO”) illustrates new challenges brand owners face in domain name disputes through the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) as the result of Europe’s General Data Protection Regulation (“GDRP”). 

The UDRP complainants were a collective of four French DJs (the “DJs”) who as early as 2011 had registered trademark rights in the United States, Europe, and elsewhere for PARDON MY FRENCH.  The DJs filed a UDRP complaint to recover the domain name, which was registered through Contact Privacy Inc., a privacy-protection service for domain registrations. 

To prevail in a UDRP action, a complainant must establish each of the following: