After a record-high year for domain name disputes in 2017, statistics from both the World Intellectual Property Organization (WIPO) and the Forum indicate that the number of disputes may reach a new peak this year.
In a Q&A on how the European Union’s (EU) General Data Protection Regulation (GDPR) impacts domain name disputes, the World Intellectual Property Organization (WIPO) has reiterated its intent to provide details about domain name registrants to trademark owners after a complaint has been filed under the Uniform Domain Name Dispute Resolution Policy (UDRP).
Thanks in large part to the European Union's General Data Protection Regulation (GDPR) -- which I have previously discussed multiple times -- getting information about the registrant of a domain name has never been more challenging. So, knowing where to turn for the best "whois" records has never been more important.
One way for a trademark owner to prove the "bad faith" element under the Uniform Domain Name Dispute Resolution Policy (UDRP) is to provide evidence that the domain name registrant has engaged in a "pattern of such conduct" -- a test that may be all but impossible to satisfy after implementation of the European Union's General Data Protection Regulation (GDPR).