Proving Common Law Trademark Rights in a UDRP Complaint


By Zak Muscovitch.

UDRP Complainants often fail to adequately demonstrate common law trademark rights. Sometimes the Panelists catch this and refuse to transfer the disputed domain name. At other times, the Complainant gets away with it.

It is well established that in order to succeed in a UDRP Complaint, a Complainant must establish either registered or common law trademark rights, in a mark