15 Sep '16, 5pm

UDRP panelist: Whois privacy is “intent to deceive” and evidence of bad faith https://t.co/bnvi2jh51j

Respondent registered the domain name using a privacy service. The domain name was being registered in a commercial context (Respondent claims to be in the business of buying and selling domain names). This means the domain name was owned by a legal owner that has no rights to the domain name. All rights to the domain name were held by the undisclosed beneficial owner. Since Respondent has done nothing publicly to associate itself with the domain name, Respondent has acquired no rights or legitimate interests with respect to the domain name. This domain name does not represent Respondent’s business , but Respondent’s inventory . Bad faith is measured at two different times: at the time of registration and then the period of use. Since Complainant did not have rights to the mark at the time of registration (March 3, 2000), clearly Policy ¶4(b)(ii), ¶4(b)(iii) and ¶4(b)(iv) ...

Full article: http://domainnamewire.com/2016/09/15/udrp-panelist-whois-...

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