Insights and Analysis

UDRP: the pivotal role of substantial evidence

07 November 2023

Aitch Group Limited, owner of the mark AITCH, sought the transfer of ‘aitch.com’ under the UDRP.

The panel found that the assertion that the domain name was registered primarily for the purpose of selling it to the complainant was unsubstantiated by evidence.

Evidence of common law rights and reputation was crucial as the trademark registration was obtained after the domain name was registered, but the complainant provided no such evidence.