Is there in fact no difference between directly registering a domain yourself and winning a competitive auction and having it transferred ?.
In this case, possession is 10/10 the law.
This, to me, is the biggest part of the equation of "bad faith" or TM issues.
All registrars have this as part of their TOS, yet they still let you reg a name that is TM.
Then they will be more than happy to auction it off for you (or someone else) or facilitate the sale.
They are in violation of their own terms.
Someone is going to come down hard and slam the hammer against the registrars, parking companies, and auction houses for doing this.
And I do not think it is that far off.
Why would the TM holder want to come after you and your $200 domain when they can go after SNAP for $10 mil in damages?
It is going to happen and it will shake up domaindom to its very core.
You are going to see hundreds of thousands of domains in question suddenly taken out of circulation until they are properly identified as not being part of the TM issue.
The software already exists to alert companies to potentially fraudulently registered domains. The irony is that domain companies provide this for a fee to their clients but do not use it themselves.
You are guilty.
Sorry, that may not be what you want to hear.
Like I said...in this case if you have the potential TM domain possession is 10/10's of the law.
