Preparing UDRP Complaints: Determining Registrant Rights, Providing Evidentiary Support of Bad Faith Registration and Use
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide trademark counsel with guidance for filing complaints under the Uniform Domain Name Resolution Policy (UDRP). The panel will discuss the factors that should be considered when preparing a complaint, including registrant rights and bad faith registration and use, and provide best practices for maximizing success when filing UDRP complaints.
Outline
- Considerations when preparing a UDRP complaint
- Rights and confusing similarity
- Interests in a domain name
- Bona fide offerings
- Non-commercial or fair use
- Bad faith registration and use
- Intent to sell
- Pattern of conduct
- Demonstrating disruption of competitor's business
- Best practices for maximizing success when filing UDRP complaints
Benefits
The panel will review these and other key issues:
- What factors should counsel consider when determining how to address an infringing domain name?
- How can bad faith be demonstrated?
- What strategies should counsel employ to increase the likelihood of success when filing a UDRP complaint?
Faculty
Patrick J. Gallagher
Partner
Barnes & Thornburg
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and... | Read More
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and management of domestic and international trademark portfolios. He also has significant experience assisting clients with trademark enforcement, opposition and cancellation proceedings; brand protection programs; trademark, unfair competition and false advertising disputes and litigation; internet domain name disputes and proceedings (UDRPs); and trademark licensing. He provides tailored advice for handling IP issues involving social media; IP due diligence and IP licensing; copyright counseling, registration, protection and litigation; Digital Millennium Copyright Act (DMCA) notice and take down procedures; and domain name acquisition.
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Marc H. Trachtenberg
Shareholder, Chair Internet, Domain Name, e-Commerce and Social Media Practice
Greenberg Traurig
Mr. Trachtenberg has over 20 years of experience handling intellectual property, domain name, internet, and other... | Read More
Mr. Trachtenberg has over 20 years of experience handling intellectual property, domain name, internet, and other technology-related issues. He represents clients of all sizes in matters involving promotion and protection of their IP, both online and in the brick-and-mortar world. In this capacity, Mr. Trachtenberg advises clients and helps them implement comprehensive strategies to protect their IP rights, identifies threats to their online brand presence, including through domain name and social media abuse, and aggressively enforces these rights on their behalf. He has recovered or shut down thousands of problematic domain names, social media accounts, email addresses, and content using platform-specific takedown processes, dispute resolution processes like the UDRP, and civil litigation remedies including the Anticybersquatting Consumer Protection Act. Mr. Trachtenberg has actively participated in ICANN for over 20 years and regularly advises some of the largest registries, registrars, e-commerce, social media, search engine, and other online platform providers.
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Jonathan Uffelman
Domain Name Specialist/Attorney
Finnegan Henderson Farabow Garrett & Dunner
Mr. Uffelman practices trademark, domain name, and internet law. In particular, he works on a broad range of internet... | Read More
Mr. Uffelman practices trademark, domain name, and internet law. In particular, he works on a broad range of internet and cyber law issues, including on-line brand enforcement and the Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings. Mr. Uffelman handles a variety of on-line brand enforcement issues including gray-market goods, trademark and copyright infringement, and cybersquatting. He has successfully handled numerous UDRP cases on both the complainant and respondent side, and his practice spans a wide spectrum of industries.
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