David Weslow Comments on UDRP Ruling in Domain Name Theft Case
David E. Weslow, a partner in Wiley Rein’s Intellectual Property Practice, was quoted by Trademarks & Brands Online in a July 23 article about a stolen domain name that was transferred back to its original owner after a ruling by the National Arbitration Forum. The case was resolved under the Uniform Domain Name Dispute Resolution Policy (UDRP).
The Forum’s decision is a positive development because it indicates that some UDRP panelists are willing to return stolen names under the authority of the UDRP, according to Mr. Weslow. “UDRP decisions addressing domain name theft are now roughly split on whether the UDRP may properly be invoked to obtain an order returning a stolen domain name,” he said.
“In this case, in the absence of more traditional UDRP bad faith factors, the complainant appears to have largely based its arguments on the alleged thief’s successive transfers between registrars and privacy service providers while maintaining the nameserver settings used by the complainant,” Mr. Weslow added.
To read the article, click here.
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