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Legal and disputes

Rights or legitimate interests

Rights or legitimate interests is the second element of a UDRP complaint. It asks whether the domain owner has a real, good-faith reason to hold the name, such as a business, a nickname, or fair use.

Why it matters

A complainant must first show the owner lacks such a claim, and then the burden of production shifts to the owner. WIPO's overview says merely registering a dictionary word does not automatically create a right. The name must be genuinely used, or clearly meant for use, in line with its dictionary meaning and not to trade on a trademark. This matters to domain investors holding generic names. Common mistake: believing a generic word is always safe. Targeting a trademark owner with ads for its products can lose the case.

Source: wipo.int

Read nextDomain Names and Trademarks: UDRP, Cybersquatting, and How to Buy Safely

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