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Rights holders generally prevail for good evidentiary reasons; they also lose for failing to prove their claims. Domain name holders prevail when they either have rights or legitimate interests which is for them to prove or the evidence is lacking that they registered and are using the domain names in bad faith. UDRP jurisprudence does not play favorites. I thought it instructive to select a handful of decisions from the first days of August, without any ulterior purpose than examining some ordinary days' catches. All the transferred domain names on these three days' lists incorporate marks generally recognized by ordinary consumers as sources of goods or services associated with complainants even if some of the marks hardly ascend to the "famous" rank. While complainants whose marks postdate domain name registrations have standing to maintain a UDRP they have no actionable claim intentionally emphasized.
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Visit Us Contact Us. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On December 12, , the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on December 18, , providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint.
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