The fifth episode of my masterclass on domain name disputes discusses trademark rights under the Uniform Domain Name Dispute Resolution Policy (UDRP) and answers the question, “What type of trademark is required to file a UDRP complaint?” You can watch the video below or on the GigaLaw YouTube channel.
The first part of the UDRP's three-part test requires a complainant to prove that the domain name at issue is identical or confusingly similar to a trademark or service mark in which it has rights. As I explain in the video, this requirement actually consists of two parts: First, the complainant must have rights in a trademark. And second, the domain name in dispute must be identical or confusingly similar to that trademark. This video focuses just on the first part: trademark rights.
In this video, I discuss what the UDRP says about where trademark rights must exist and what type of trademark is sufficient. I also explain that a trademark registration is not necessary and how a complainant can establish that it has common law trademark rights.
Previous episodes in my domain name dispute masterclass answer the questions:
What is a domain name dispute? (Episode 1)
What is the UDRP? (Episode 2)
How long does the UDRP take? (Episode 3)
How much does the UDRP cost? (Episode 4)
Coming next: When is a domain name “confusingly similar” to a trademark? To be notified when the video is published, please be sure to subscribe to the GigaLaw YouTube channel.
