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GDPR used for the first time to mask off domain registrant in UDRP

A curious incident occurred during the hearing of a domain dispute. The well-known company Eurosport filed a UDRP for EurosportBet.com. The Eurosport trademark has existed since 1994. The domain, however, was registered in 2016, and the registrant has nothing to do with Eurosport. Therefore, there was no doubt about the decision that the World Intellectual Property Organization panelist reached.

But this is not the most interesting detail in this case. The respondents were the domain registrant and the French company Kindred France. Actually, the only thing that was known about the registrant is that he or she was a member of the Kindred France affiliate program, as all his or her data in the Whois record was hidden by the privacy settings. The Kindred France representatives, as expected, denied having anything to do with the registration and use of EurosportBet.com. They also refused a request to disclose the registrant’s identity, with the company's lawyers referring to the General Data Protection Regulation (GDPR) in force in the European Union. Apparently, this is the first case of this kind. However, the GDPR did not affect the panelist’s decision, and the rights to the domain were transferred to Eurosport.

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