ICANN holds that passive holding of a disputed domain name permits an unlawful inference of registration and domain use in bad faith. The other two tenets of disputed domains are that no use of the domain name or website that connected with the domain name is occurring, and that the domain holder is not widely known by that name.
link
What's source of above statement; blog link has statement but no substantiating source(s). There have been some very bad UDRP rulings -- but believe thses are bad UDRP rulings versus ICANN (though if the IP lobby gets its way...). A significant contributing factor in a recent URDP case was that there was no response. Don't get me wrong, this is not an excuse for an
extremely sloppy and piss-poor ruling by the National Arbitration Forum (NAF).
Did you know NAF was sued by Minnesota for fraud, false advertising, and deceptive trade practices due to substantial bias? Now they can now only participate in domain name disputes. And they need to quickly tighten handling of domain arbitration (e.g. such as above) -- or get out of business altogether.
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I just posted the above and then found an
excellent analysis by Paul Keating of this piss-poor decision by a NAF Panelist.