Partner Torbjörn Kallberg and associate Anders Sparlund of Wåhlin law firm successfully represented the winning party in a domain name dispute, following the so-called “UDRP procedure” (“Uniform Domain-Name Dispute-Resolution Policy”). 

The court of arbitration (”WIPO Mediation and Arbitration Center”) found, in accordance with the complainant’s motion, that the domain name in dispute had been registered by the respondent in “bad faith”. Inter alia as a result thereof, the court of arbitration decided that the domain name should be transferred from the respondent to the complainant.

– In order to be successful in an UDRP case, the complainant is required to be in possess of a trademark right which essentially corresponds to the domain name in dispute. Therefore, we always recommend our clients to register their trademarks and company names so that they have the ability to act in cases of abuse, says Anders Sparlund.

To resolve a domain name dispute in an “administrative arbitration setting” such as UDRP is normally faster compared to suing in general state court. Usually, it does not take more than a few months for a decision to be rendered. Another advantage is “cost overview”, since each party is accountable for their own litigation costs.

Link to the decision:

http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-0581