WIPO panel: no retroactive bad-faith registration under the UDRP


A panel has denied the transfer under the UDRP of a domain name identical to a subsequently registered trademark as there was no evidence that the domain name had been registered in bad faith with regard to the registrant’s state of mind at the time of registration. The decision shows that, although consensus has not yet been completely achieved in this area of UDRP jurisprudence, it would be unwise for a complainant to rely on the doctrine of retrospective bad-faith registration.

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