On 31 August 2020, Hong Kong IP & TMT Counsel Karen Lee was invited to speak in the Hong Kong International Arbitration Centre (HKIAC) webinar: Challenging a domain name, HKIAC Insights part two: A domain name holder’s “rights or legitimate interests”. Moderated by the HKIAC Secretary-General, the webinar explored in detail the factors that may be taken into account when assessing the fair use of a domain name, how prior use rights operate, and who holds the burden of proof. For Karen’s session, she focused on several case studies to explore the use of generic words in disputed domain names and fan or criticism sites, and when such use can grant a respondent legitimate interests or rights. She then ended with tips on how to effectively draft a complaint, and the research and evidence that should be provided.
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