Defending a Legitimately Registered Domain
Respondents in a UDRP proceeding need to establish either rights or legitimate interests in the domain, or show the registration was not made and used in bad faith — and both defenses depend on documented, dated evidence rather than assertion. Common defenses include demonstrating a bona fide offering of goods or services under the domain prior to any notice of the dispute, common or descriptive use of the term unrelated to the complainant's mark, or registration that clearly predates the complainant's trademark rights.
Timing Is Often the Whole Case
Because bad faith requires registration and use in bad faith, a registration date that predates the complainant's trademark rights is frequently dispositive on its own. Establishing that date precisely — and defending it against a complainant's WHOIS-history challenges — is usually the single highest-value piece of analysis in a respondent's defense.