To succeed in a Complaint, Disney has to prove to the Expert on the balance ofÂ probabilities, pursuant to Â§2 of the Policy that:
1. The Complainant has Rights in respect of a name or mark which is identical or similar
to the Domain Name and
2. The Domain Name, in the hands of the Respondent, is an Abusive Registration.
An abusive registration is defined in Â§1 of the Policy as a Domain Name which either:
1. was registered or otherwise acquired in a manner which, at the time when the registrationÂ or acquisition took place, took unfair advantage of or was unfairly detrimental to theÂ ComplainantÂs Rights or
2. has been used in a manner which has taken unfair advantage of or has been unfairlyÂ detrimental to the ComplainantÂs Rights.
A key part to the owner’s argument was that it has taken so long to respond ( over ten years) sadly this argument wont wash.Â
The case of Emirates v. Michael Toth (DRS Case No. 08634) statesÂ ÂThe generally held view amongst Nominet experts (and UDRP panellists) is that delayÂ alone is not a ground on which a Complaint may be deniedÂ.