Legitimate Interest (UDRP Defense)

Under [[udrp]] policy, a [[registrant]] may defeat a domain dispute complaint by demonstrating a legitimate interest or right in the domain name. [[icann]] policy recognizes three main categories of legitimate interest: bona fide use of the domain for goods or services before notice of the dispute; being commonly known by the domain name even without trademark rights; and legitimate non-commercial or fair use — such as commentary, criticism, or [[parody-domain]] sites — without intent to mislead consumers or tarnish the trademark. The burden of production shifts to the respondent once the complainant establishes a prima facie case, though the ultimate burden of proof remains with the complainant.

Example

A cycling blogger who had operated 'trek-reviews.com' for five years successfully argued legitimate interest in the domain, defeating Trek Bicycle Corporation's UDRP complaint.