A domain name is a digital address that is used to identify and find specific page on the Internet. A business’ domain name is central to the web-based activities that it conducts.
The revolution of the internet impacted the IP rights namely the domain names while it is used to reflect Trademark, and to prevail in a domain name dispute under the UDRP, the complainant must prove that the disputed domain name “has been registered and is being used in bad faith.” UDRP 4(a) (italics added). Paragraph 4(b) of the Policy lists four circumstances as evidence of bad faith:
(i) the domain was registered primarily for the purpose of selling it to the complainant or a competitor for more than the documented out-of-pocket expenses related to the name; or
(ii) the domain was registered in order to prevent the mark owner from using it, provided that the registrant has engaged in a pattern of such registration; or
(iii) the domain was registered primarily to disrupt the business of a competitor; or
(iv) by using the domain, the registrant has intentionally attempted to attract users for commercial gain by creating a likelihood of confusion as to source or affiliation.
The right to use a domain name is determined by the trademark laws in the countries from which that website is accessible. If you begin using a domain name which is confusingly similar to a registered trademark, then the owner of that trademark may successfully challenge your ability to use the domain name.
For more information about Trademark Disputed please visit the World Intellectual Property Organization WIPO on the following link