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 type of trademark rights are needed to file a UDRP complaint?

A UDRP complainant must show rights in a trademark or service mark. A registered trademark is a straightforward way to establish those rights, but registration is not always required: adequately supported unregistered or common-law rights can also qualify.

For unregistered rights, the evidence must show that the claimed mark has become a source identifier associated with the complainant. The WIPO Overview identifies evidence such as duration and nature of use, sales, advertising, consumer recognition, and media coverage; the analysis is evidence-driven rather than based simply on asserting use of a name.

This threshold should be separated from the later questions of whether the domain is confusingly similar, whether the respondent has rights or legitimate interests, and whether registration and use were in bad faith.

Sources: WIPO Overview 3.1

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