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 is bad faith under the UDRP?

The third UDRP element requires proof that the domain name was registered and is being used in bad faith. The Policy identifies several non-exclusive examples, including registration primarily for resale to the trademark owner, a pattern of blocking trademark owners from corresponding domains, disruption of a competitor, and intentionally attracting users for commercial gain through confusion.

Bad faith is highly fact-specific. Panels may consider impersonation, phishing, deceptive email, redirects, patterns of related registrations, concealment, and—in appropriate circumstances—passive holding. The absence of an active website does not automatically establish or defeat bad faith.

In a 2016 dispute brought by Yahoo! Inc. (WIPO D2016-0461), the panel addressed a technical-support scam context, false or incomplete identities, and non-website conduct. The decision is cited in WIPO Overview 3.0 and 3.1 section 3.4 on bad-faith use beyond website content.

Sources: WIPO Overview 3.1

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