25 Feb '13, 6pm

Despite Trademark, Saved In UDRP

Panels have found that the apparent lack of so-called active use (e.g. , to resolve to a website) of the domain name without any active attempt to sell or to contact the trademark holder (passive holding), does not as such prevent a finding of bad faith. The panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith. Examples of what may be cumulative circumstances found to be indicative of bad faith include the complainant having a well-known trademark, no response to the complaint having been filed, and the registrant’s concealment of its identity. Panels may draw inferences about whether the domain name was used in bad faith given the circumstances surrounding registration, and vice versa . Some panels have also found that the concept of passive holding may apply even in the event of sporadic use, or of the mere “park...

Full article: http://www.thedomains.com/2013/02/25/despite-trademark-ar...

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