📌 Are you a domain name professional, #ip practitioner, or #adr expert? This overview offers a practical reference for navigating the #urs process. 🔓URS: Meeting the “Clear and Convincing” Evidence Burden in Domain Name Disputes 🎯 When initiating a Uniform Rapid Suspension (URS) proceeding against an abusive domain name, trademark holders face a significant evidentiary challenge: they must prove bad faith registration and use with clear and convincing evidence. ⬇️ Here’s what that really means – and what is required to succeed. 🔑 Three Key Elements to Prove 💪To prevail in a URS proceeding, the complainant must demonstrate all three of the following elements: 1️⃣ Bad Faith Registration Evidence that the registrant knew of the trademark and registered the domain with the intent to profit or cause harm. 2️⃣ Bad Faith Use Proof that the domain is used for deceptive or unlawful purposes (e.g., phishing, counterfeiting, inflated resale offers). 3️⃣ Confusing Similarity The domain name must be identical or confusingly similar to a trademark registered before the domain name was acquired. 📂 What Kind of Evidence Is Required? To meet the “clear and convincing” threshold, the complainant should submit solid documentation, such as: ✔️ Copies of trademark registrations ✔️ Screenshots showing current or intended use of the domain ✔️ Evidence of the registrant’s history of abusive domain name registrations ✔️ Communications or conduct indicating bad faith 🛡️ What Can the Registrant Argue? The registrant may rebut the complaint by demonstrating: ✔️ Legitimate use or demonstrable preparations to use the domain name ✔️ Being commonly known by the domain name (e.g., as an individual or business) ✔️ Use of a generic or descriptive term without intent to mislead ✔️ Use in criticism or tribute that qualifies as fair use ✔️ A valid written agreement between the parties ✔️ No pattern of abusive domain registrations 🔚 Bottom Line 🟠 Under the URS, owning a trademark is not enough – complainants must clearly demonstrate the registrant’s bad faith and meet each required element. 👎 Failure to prove even one element will result in a denial of the complaint, allowing the registrant to retain the domain name. ℹ️ Info: 📧 [email protected] 👩🏻‍💻 Case Manager: Yana Zhou 🔍 Discover the domains it applies to: https://data.iana.org/TLD/tlds-alpha-by-domain.txt ⚖️ Web: https://www.mfsd.it/sospensione-rapida-domini-generici #urs #cybersquatting #adr #domainnames #trademarkenforcement #iplaw #disputeresolution #icann