Common law trademark rights
Do you need a registered trademark to bring a UDRP complaint?
No. A UDRP complainant only needs to show rights in a mark, and those can come from actual use in commerce rather than a registration. The panel in Julia Fiona Roberts v. Russell Boyd, D2000-0210 (WIPO, 2000), held this was enough for Julia Roberts to win juliaroberts.com on her name alone, without a trademark registration for it.
Cases that establish this
- Julia Fiona Roberts v. Russell Boyd
- Case
- WIPO D2000-0210, 2000
- Domain
- juliaroberts.com
- Outcome
- Transferred
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