Domain owners rely on the UDRP to be implemented fairly and for transfers to be ordered only when there is clear evidence that the domain owner has violated the Policy. In an article published today on CircleID, ICA’s General Counsel, Zak Muscovitch, describes a mistaken approach adopted by some panelists in cases where the domain owner did not submit a defense. The article highlights decisions in which domain names were transferred despite apparent inadequate evidence of bad faith on the part of the domain owners. Zak attributes of any evidence to this mistaken approach to a misapplication of the UDRP Rules and to a misreading of an early influential decision that has served to lead panelists astray.
While undefended disputes are often seen as “throw away” cases, since most UDRP disputes are undefended the quality of outcomes in the UDRP depends largely on how these undefended cases are handled. The chance for an easy win in an undefended case also likely encourages complainants to try their luck with frivolous complaints.
More robust evidentiary requirements in no response cases have the potential to greatly improve the quality of UDRP outcomes, and would better assure the rights of domain owners.
Read the article here