Last month we revealed the results of our initial research into the UDRP Decisions that seemed to always be determined in favor of the complainant Trademark Holder. This turns out to be a MYTH!! Here is an excerpt from that article:
So the BIG QUESTION that remains is how many of the CONTESTED UDRP Claims are decided in favor of the Complainant, and how many for the Respondent. The results of our research are truly ASTOUNDING! Of the 171 WIPO cases that we reviewed resulting in Decisions last month, 30 were contested. Of those contested, 17 resulted in a Decision for the Complainant and 13 for the Respondent! In other words, 57% required the Domain to be transferred, while 43% denied the claim.
Better yet, and even more ASTOUNDING!, of the 27 cases reported at the FORUM, only 5 were contested, and of those 5, 4 were DENIED! That means that 80% of the contested cases (in our limited study) were decided for the Domain Investor. Thus it appears that if the domain investor contests the UDRP at the FORUM, the chances are extremely good that the Respondent will prevail!
This month we reviewed ALL of the reported cases at WIPO and the FORUM and found that the results were similar to our previous survey. At WIPO, there were 168 cases reported, with 140 of them uncontested (no response was filed) resulting in transfers of the domains. Interestingly enough, 4 uncontested cases were decided in any event for the Domain Investor! Of the 28 contested cases, 14 went to the Complainant and 14 to the Respondent. So the %age requiring transfer was reduced from 57% to 50%.
There were a total of 86 cases reported by the FORUM, of which 78 (90%) went by default to the Trademark Complainants. Of the 8 contested cases, 5 were DENIED (63%).
Our very real concern for the future of the domain Investment Industry, is that of 254 cases decided in the month of February, 2020, by WIPO and the FORUM, 218 went by Default to the trademark holder Complainants. To me, this is the very essence of “cybersquatting” of which we in the industry are all labeled by the rest of the world. No wonder we are all frowned upon as unworthy of being called “investors”. That is a lot of “bad apples” that taint the industry and paint us all with a very wide brush.
So the real question becomes,”what can we do to stop those who know that they are trampling on others trademarks” from tarnishing us all? If anyone has suggestions, please send me an email at Howard@NeuLaw.com. I’d love to hear from you.
Next month I will give you an update and let you know how your favorite Panelists are ruling.
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