domain name claim through court or UDRP?

Domain names are registered on ‘first come, first served’ basis. This created a new phenomenon called: domain name hijacking. Quickly register domain names with names of famous people or famous brands with the aim of selling them for a lot of money. To stop this, the UDRP was invented, a quick and cheap procedure to reclaim a domain name. The UDRP is still very popular, but sometimes not the best route in a conflict, as became clear by the case of <>.

The plaintiff and defendant have worked together for years. When parties separate, turmoil arises over the domain name. The defendant produces all kinds of WhatsApp messages from the past (that he had to record the domain name) and about the troubles regarding to the termination of the cooperation. According to him, the plaintiff's claim is not based on the truth at all. The UDRP dispute resolver is clear. This conflict has nothing to do with domain name hijacking, but the disentanglement of a cooperation. It ‘s a commercial dispute with complex facts. So a case for the judge. The case is therefore not taken into consideration.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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