10
Apr/13

Can UDRP Threat by CitizenHawk Give Rise to DJ Action?


Interesting complaint. Registrant for domain names USSEARCHREPORTS.COM and NATURALIZES.COM brings DJ complaint based on a threat of a UDRP made by CitizenHawk, a brand protection company that brings UDRPs on behalf of trademark owners (such as the owners of US SEARCH.COM (sic – there is a space in the registered trademark) and NATURALIZERS.COM. This complaint raises a fairly unusual issue: does the threat of a UDRP give rise to standing under the Declaratory Judgment Act? Bear in mind that a UDRP is appealable (or more accurately, can give rise to a de novo review) under ACPA. Also bear in mind that CitizenHawk is not a law firm and therefore itself couldn’t initiate a federal action on behalf of its clients. Should that matter?

Here’s an early 1st Circuit case on the interplay between the UDRP and federal subject matter jurisdiction, Gallen v Corinthians.

p.s. Interesting typo in paragraph 7 with regard to Registrant’s domain name.

dj citizenhawk

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