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 should be evaluated before filing a UDRP complaint?

A sound pre-filing analysis should start with the Policy’s three elements: trademark rights and confusing similarity; the respondent’s possible rights or legitimate interests; and evidence of registration and use in bad faith. It should also confirm that the applicable domain is subject to the UDRP or another relevant policy and that the requested remedy is available.

The evidentiary review should preserve the current website and DNS state, registration and historical data where lawfully available, relevant emails or redirects, and any technical relationships among related domains. If multiple domains or nominal registrants are involved, the evidence supporting common control should be assessed before consolidation is alleged.

Scope and timing also matter. In a 2015 dispute brought by F. Hoffmann-La Roche AG (WIPO D2015-0984), an amended complaint proceeded against 74 domains. The decision is cited in WIPO Overview 3.0 and 3.1 section 4.12.1 on adding domains before complaint notification.

Sources: WIPO UDRP Guide

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