Warning !

[britishbulldog]

Non use of a domain= Bad Faith

No joke it's scandalous will this set a precedent ? if it does we are all doomed.

http://domainnamewire.com/2009/06/23/national-arbitration-forum-fail/

 

[Chappy]

I don't think this is anything new. You can't just sit on names. You need to use them.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

 

[bmugford]

I wish there was more consistency. Buying and Selling generic domains is a legitimate business. It is really no different than buying and selling property. Just because you don't do anything with it gives no entity a right to take it, assuming it is generic and not clear TM infringement.

There has also been precedent set that buying and selling generic domains is a legitimate business as well

See also General Machine Products Company, Inc. v. Prime DomainsFA0001000092531, in which the panel concludes that because the registrant "is in the business of selling generic and descriptive domain names. . . [registrant] does have a legitimate interest in the domain name." (craftwork.com)

Full Text -

The Panel finds therefore that Prime Domains has rebutted General Machines' arguments and has proven that it is in the business of selling generic and descriptive domain names such as craftwork.com. As a result, Prime Domains does have a legitimate interest in the domain name. That Prime Domains has offered to sell this descriptive, non-source identifying domain name does not make its interest illegitimate.

Brad

 

[Dave Zan]

You need to use them.

With decisions like these, unfortunately it looks that way. Even though it's not
supposed to be a so-called requirement.

We all might as well use whatever we acquired before someone else thinks we
should lose them, just because they're sitting there idle.

 

[Domagon]

The respondent failed to respond twice! It's no wonder they lost...

When it comes to UDRP, non reply is far more of a risk than non usage; however that's defined, which isn't clear, as past rulings have shown...

In my view, so called non-usage becomes a large focus when the complainant's case is weak, and the panalist is grasping at straws to rule the "right way" for the complaintant, who afterall is who selected the arbitration provider and is paying the entire bill (for single panalist; most respondents don't know / can't afford to opt for a 3 party panal).

Ron

 

[DNBA]

so lets say i own a TM called "pure fuel" that is registered for the beverage industry. Basically any beverage that has this name on the package is mine. right? Now if theres another company that owns "pure fuel energy bars" and they own a TM for food and not beverages they can both exist. Correct? 2 separate business with pure fuel for TM in two separate categories. Totally ok. Now lets say someone owns a domain with that TM which is internet related, how would that infringe on a food or beverage mark. Its a domain name, not an actual food or beverage. This is a pretty generic term but, it all maters on how you use it. so, if i use it for internet reasons is that really violating the mark?

Also who's to say what's legitimate use? I have a .com (AKA .commercial) If i want to post a photo of my dog, is that really more of a legitimate use for commercial reasons? I would think a directory of ads geared towards businesses is more for commercial use then a stupid photo of a pet (no matter how much you love them).

ecommerce is what makes the internet go round. monetizing your site with ads is a legit way for websites to make money. If i choose to not mix content with my ads does that make me a bad faith registrant?

Since when is selling Intellectual Property illegal? Why is my business that i spend hundreds of thousands of dollars on not a reason for "legitimate interest".