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ADORAIntellectual Property

Domain disputes

UDRP decisions

Every UDRP argument rests on published decisions. These are the ones we cite most, summarised, with a link to each full text at WIPO.

  • Telstra Corporation Limited v. Nuclear Marshmallows
    Case
    WIPO D2000-0003, 2000
    Domain
    telstra.org
    Outcome
    Transferred

    A domain name that hosts nothing at all can still be used in bad faith, where the mark is well known, the registrant concealed their identity and no good faith use is plausible. This is the origin of the passive holding doctrine.

  • Excelentisimo Ayuntamiento de Barcelona v. Barcelona.com Inc.
    Case
    WIPO D2000-0505, 2000
    Domain
    barcelona.com
    Outcome
    Transferred

    The panel ordered transfer of a geographic name to the city authority.

    The transfer was later reversed by the United States Court of Appeals for the Fourth Circuit. A useful reminder that a UDRP decision is not final and can be displaced by a court.

  • Oki Data Americas, Inc. v. ASD, Inc.
    Case
    WIPO D2001-0903, 2001
    Domain
    okidataparts.com
    Outcome
    Complaint denied

    Sets the conditions under which a reseller has a legitimate interest in a domain containing the manufacturer's mark: it actually sells the goods, the site sells only those goods, it accurately discloses the relationship, and it does not corner the domain market. The complaint was denied.

  • Bruce Springsteen v. Jeff Burgar and Bruce Springsteen Club
    Case
    WIPO D2000-1532, 2001
    Domain
    brucespringsteen.com
    Outcome
    Complaint denied

    The domain was identical to the complainant's unregistered mark, but the registrant showed some rights or legitimate interests and bad faith registration and use was not made out. The complaint failed on the second and third elements.

  • Croatia Airlines d.d. v. Modern Empire Internet Ltd.
    Case
    WIPO D2003-0455, 2003
    Domain
    croatiaairlines.com
    Outcome
    Transferred

    Frequently cited on how a complainant makes out a prima facie case under the second element, after which the burden shifts to the registrant.

Summaries are ours. The decisions themselves are the authority, and each page links to the full text published by the WIPO Arbitration and Mediation Center.

Wondering whether one of these fits your situation?

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