Published Works | World Trademark Review | 24 July 2023

Not dropping the catch: respondent wins in UDRP complaint

Datacap Systems Inc, which asserted common law rights in DATACAP, sought the transfer of ‘datacap.com’ under the UDRP. The panel found that the use of a ‘drop-catch’ service to acquire a domain name does not necessarily mean that a respondent was acting in bad faith. There was no evidence that the term ‘datacap’ was uniquely associated with the complainant.

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