Chapter 7: Litigating WIPO UDRP disputes
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The complaint must be accurate and complete, supported by credible evidence. Unsolicited supplemental filings are discouraged, but if submitted the party must show relevance and why the information was not previously provided. If the name of the beneficial owner of the disputed domain name is shielded by a privacy service, the Panel can proceed against the privacy service. Confusing similarity is proved by side-by-side comparison of complainant’s trademark and disputed domain name. For unregistered trademarks, evidence must be filed proving acquired distinctiveness in existence prior to registration of the disputed domain name. The complainant should confirm that the respondent is not affiliated with the complainant, nor is authorized or licensed to use the complainant’s trademark, nor to register or apply to register a domain name incorporating the complainant’s trademark. Proving bad faith requires credible evidence of improper purpose for the registration and use of disputed domain name.

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