Trademark Dictionary
UDRP stands for Uniform Domain Name Dispute Resolution Policy. It is a policy established by the Internet Corporation for Assigned Names and Numbers (ICANN) that provides a mechanism for resolving disputes over domain names that infringe on established trademarks.
Under the UDRP, trademark owners can file a complaint to challenge the registration of a domain name that is identical or confusingly similar to their trademark, and which is being used in bad faith. The complaint is typically filed with an approved dispute resolution provider, such as the World Intellectual Property Organization (WIPO) or the National Arbitration Forum (NAF).
Cases of multinational companies putting claims against much smaller businesses are far from uncommon, but their result is almost always the same - an absolute PR nightmare for the corporate giants. Oatly AB, a leading plant-based dairy alternatives producer, is amongst the companies that have fallen under public scrutiny after their overly aggressive trademark enforcement actions.
Increasing environmental concerns lead to shifting consumer behavior, and many brands address these concerns by registering ‘green’ trademarks. The results of the study conducted by EUIPO in 2021 found a 900% increase in green trademarks being filed, demonstrating that “growing interest in sustainability is indeed reflected in the EUTMs filed at the EUIPO [1]. Read about the current green trademark trend in the EU in this article.
The Federal Supreme Court ruled that the gold-coloured foil-wrapped chocolate bunny from Lindt & Sprüngli can claim trademark protection against the competing product from Lidl. Lidl is no longer allowed to sell its rabbit because of the risk of confusion and must destroy existing copies of the product.