One of the primary components of winning a UDRP is being able to prove that a domain was registered AND currently being used in bad faith. And yet I am pretty sure there were some cases where the domain was registered in good faith, but currently being used in very bad faith, and the courts decided to find for the complainant. I think Nissan.com was one of these situations, but I might be getting confused.
Anyway here is my question...do complainants still have to prove that a domain was registered AND used in bad faith? Or has past precedent done away with this requirement?
It seems an obsolete and outdated requirement, if I had registered Amazon.net in 1992 in order to provide info on the amazon jungle, and then switched to selling books on my domain in 2000, I don't think panelists should tolerate that sort of buffoonery.
Anyway here is my question...do complainants still have to prove that a domain was registered AND used in bad faith? Or has past precedent done away with this requirement?
It seems an obsolete and outdated requirement, if I had registered Amazon.net in 1992 in order to provide info on the amazon jungle, and then switched to selling books on my domain in 2000, I don't think panelists should tolerate that sort of buffoonery.