neddy
Top Contributor
Andrew Allemann of Domain Name Wire has published a great story on a UDRP decision that was not determined on the usual "3 elements": i.e.
Instead it was decided solely on the "doctrine of laches".
WTF is the "doctrine of laches" (I think I hear most people mumbling)? In simple terms:
This is a great short case to read for every domain owner. And just by the way, one of the panellists was Australian (Hon. Neil Anthony Brown QC).
Link to Andrew's brief blog article
Direct link to case
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Instead it was decided solely on the "doctrine of laches".
WTF is the "doctrine of laches" (I think I hear most people mumbling)? In simple terms:
Laches applies when a claimant inexcusably delays in asserting its claim and thereby unduly prejudices the party against whom the claim ultimately is asserted.
This is a great short case to read for every domain owner. And just by the way, one of the panellists was Australian (Hon. Neil Anthony Brown QC).
Link to Andrew's brief blog article
Direct link to case