Proving that a domain name holder has no rights or legitimate interests in respect of a domain name is the second of three elements that must be proven to successfully challenge the use of a domain name.
This webinar will explore 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. The webinar will focus on UDRP, CNDRP, and HKDRP proceedings.
This is the second of three webinars which address the three elements which must be proven to successfully challenge the use of a domain name.
Agenda: (Hong Kong time)
15:30: Webinar starts
16:30: Webinar ends
A recording of the first webinar: Challenging a Domain Name, HKIAC Insights: The "identical or confusingly similar" requirement, can be found here.
Register here for the third webinar: Challenging a Domain Name, HKIAC Insights: Acting in "bad faith".
Sarah Grimmer is Secretary-General of the Hong Kong International Arbitration Centre (HKIAC). She was formerly Senior Legal Counsel at the Permanent Court of Arbitration (PCA) where she acted as registrar in several inter-State arbitrations under the Law of the Sea Convention and served as tribunal secretary in multiple investment treaty arbitrations and contract-based claims.
Prior to joining the PCA, Sarah served as Assistant Counsel at the ICC International Court of Arbitration in Paris. She was also a member of the international arbitration group at Shearman & Sterling LLP in Paris, prior to which she worked in private practice in Auckland.
In 2015, Sarah was appointed to the Special Tribunal for Lebanon Disciplinary Board. She is a member of the ICCA-ASIL Task Force on Damages (2016), ICCA Publications Committee (2015), the IBA Investment Arbitration Subcommittee (2014), New Zealand ICC Arbitration Committee (2014), and the IBA Arb40 Steering Committee (2013).
Independent Chartered Arbitrator
An independent Chartered Arbitrator, with offices in Hong Kong and New Zealand, Mr. Kreider is experienced in deciding intellectual property, information technology, semiconductors, computer software and luxury goods licensing, financial, insurance and hospitality industry disputes. He has been appointed presiding arbitrator, sole arbitrator or co-arbitrator in 40+ international arbitration references, including ICC, HKIAC, SIAC and ICDR administered and ad hoc proceedings, and has issued 170+ Internet domain name disputes as a panellist and Expert for ADNDRC (Hong Kong and Beijing), FORUM (USA), Nominet (UK) and CIIDRC (Canada).
Mr. Kreider’s 30+ year professional career includes, inter alia, 14 years as general counsel to telecommunications providers China Mobile (Hong Kong) and Vodafone New Zealand Ltd., respectively. He is a licensed solicitor and attorney-at-law in England, Hong Kong, New York, New Jersey, California, Florida and Washington, D.C. He speaks and reads Mandarin Chinese as a second language, in addition to his native English.
Counsel at Mayer Brown
Karen Lee is a counsel in the IP & TMT group of Mayer Brown in Hong Kong, and is part of the firm’s global Cybersecurity & Data Privacy practice. Her focus is on commercial IP & TMT matters, as well as data privacy. Karen advises on domain name issues, and has filed and succeeded in over 150 domain name dispute resolution procedures (UDRP, URS and other local DRPs, including Hong Kong, China, Australia, Spain and England). She has also handled an impressive number of large-scale transactions assisting clients in implementing their digital strategies through technology outsourcing, software development and licensing contracts, as well as assisting with the commercialisation of their IP and data privacy issues in connection with cutting-edge technology. Karen was named 'Rising Star in Intellectual Property' at the Euromoney Asia Women in Business Law Awards (2016) and the recipient of the Hong Kong Law Society’s Individual Gold Pro Bono Award (2019).
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