Intellectual Property Law

Can Tort Theory Enable Plaintiff to Recover UDRP Filing Fees?

By Michael Atkins

Here’s a novel legal theory:

Cybersquatter registers a domain name that infringes the trademark owned by Owner. Owner prevails in a UDRP arbitration and the panel transfers the domain name to Owner. Owner is as whole as the UDRP can make it. But Owner is out the (not insubstantial) amount it paid to file the complaint. Seeking to be made financially whole, Owner sues Cybersquatter in small claims court to recover its fee. But for Cybersquatter’s bad conduct, Owner argues, it never would have had to spend that money.

How’s the court rule?

Full post as published by Seattle Trademark Lawyer on February 17, 2009 (boomark / email).