Even if the domain owner is doing a bad thing, UDRP can only be used if all three prongs of the policy are met.
The Uniform Domain Name Dispute Resolution Policy (UDRP) is a good tool to take over cybersquatted domain names. These names are often being used for nefarious purposes such as phishing or selling counterfeit goods.
One such case involving counterfeit goods that was just decided by National Arbitration Forum shows the limits of using UDRP to take down a site: you still have to prove that the domain is cybersquatting under the three prongs of UDRP.
The case was filed by Australian clothier Zimmermann Wear Pty Ltd against ZimOutlet(.)com. There’s no question that the domain owner is up to no good. The site is made to look like the clothing company and is allegedly shipping counterfeit goods when someone orders.
The problem is that Zimmermann and Zim aren’t that similar. Panelist David E. Sorkin did a good job comparing this case to others in which only part of the trademark was used in the domain: Click here to continue reading…