acpa-and-udrp-cheat-sheet - Uniform Dispute Resolution...

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Uniform Dispute Resolution Procedure (UDRP) To prevail in a UDRP proceeding, the Complainant must prove three elements: (1) The domain name at issue is confusing similar (or identical) to the Complainant’s mark. The mark does not need to be registered. While registration is prima facie evidence of the Complainant’s rights, common law trademarks are recognized. (2) The Respondent (the registrant of the domain) has no legitimate interest in owning the domain name. (registrant/respondent are synonymous for the purposes of this sheet) Registrant can show legitimate rights by: - Demonstrating an actual or planned bona fide offering of goods/services at the domain; - Proving that the Respondent is commonly known by the domain name; or - Showing that the Respondent is making a legitimate noncommercial or fair use of the domain; without intent for commercial gain, misleading diversion of traffic, or dilution of anyone’s marks.
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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acpa-and-udrp-cheat-sheet - Uniform Dispute Resolution...

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