Jonathan Matkowsky

Threat-intel-backed investigation and domain takeover proceedings

Decades of experience spanning internationally recognized law firms, in-house legal teams, and elite cyber threat-intelligence teams.

I bring that experience together to investigate and disrupt malicious infrastructure, use legal process to pursue attribution, and where appropriate, make criminal referrals aimed at stopping threat actors from targeting or retargeting your organization.

Let’s explore together what makes practical sense for your organization.

What are rights or legitimate interests under the UDRP?

The second UDRP element requires the complainant to establish that the respondent lacks rights or legitimate interests in the disputed domain. Because much of the relevant information may be controlled by the respondent, panels generally recognize a burden-of-production framework: once the complainant makes a prima facie showing, the respondent can come forward with evidence of a legitimate basis for the registration or use.

Examples can include a bona fide offering of goods or services before notice of the dispute, being commonly known by the domain name, or legitimate noncommercial or fair use without improper commercial diversion.

A strong complaint should address plausible legitimate-interest arguments directly and support the prima facie case with evidence rather than treating this element as automatic.

Sources: WIPO UDRP Guide

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