UDRP panel shuts door on refiling in first element denial

The complainant sought the transfer of ‘bodynetic.com’ under the UDRP, relying on trademark applications for BODYNETIC in Australia and Singapore. The panel found that the trademark applications were, by themselves, insufficient to establish trademark rights for purposes of the first element of the UDRP. The panel entered a finding on the merits under the third element, effectively preventing any potential refiling.

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