Go Back

Posted on September 25, 2020


By Rodolfo Rivas

The Complaint relates to the unregistered/common-law mark “Unemployed Professors”. The Panel noted that the Respondent reproduced the mark in its entirety in the Disputed Domain Name. Therefore the Complainant succeeded under the first element of the UDRP.

After the Complainant established a prima facie case and reverting the burden of proof, the Respondent did not provide sufficient evidence and was unable to justify its rights or legitimate interests in the Disputed Domain Name.

The Panel, persuaded by section 2.15 of WIPO 3.0 Overview, assessed some of the second and third UDRP elements together. The Panel found that based on the assertions by the Respondent it was unlikely that the Respondent was not aware of the common-law mark “Unemployed Professors”. Furthermore, the Respondent made assertions that contradicted the website’s content resolving from the Disputed Domain Name, which in the balance of probabilities indicated bad faith as described under paragraph 4(b)(iv) of the Policy.

The reasons mentioned above, as well as others described in greater detail in the Decision, the Panel ordered the transfer of the Disputed Domain Name to the Complainant.