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ADORAIntellectual Property

Prima facie case

What is a prima facie case in a UDRP complaint?

A complainant does not have to disprove every possible legitimate interest up front. Showing enough evidence to make a prima facie case shifts the burden to the registrant, who must then produce evidence of its own or lose. The panel in Croatia Airlines d.d. v. Modern Empire Internet Ltd., D2003-0455 (WIPO, 2003), applied this standard directly.

Cases that establish this

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