12 Feb '18, 5pm

Gerald M. Levine on

The single most prominent reason long-held domain names are lost is failure to properly curate (by which I mean populating the website with bad faith content from which registration in bad faith can be inferred). Price is not a factor for bad faith without concrete proof of the 4(b)(i) elements, yet in Autobuses de Oriente price was elevated as a prominent factor. The Panel also condemned Respondent because it was passively holding <ado.com> and offering it for sale on a page that included other domain names each with a designed logo. Passive holding, too, a not a factor when considered alone; but when combined with other factors bad faith registration can be inferred. Does the Autobuses de Oriente decision deserve the universal condemnation it has received? (The three industry bloggers noted above are of the view the Panel put their combined fingers on the scale, and I th...

Full article: https://www.thedomains.com/2018/02/12/gerald-m-levine-ado...

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