• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
Domain Industry & Internet News

Domain Industry & Internet News

Domain Name Industry News

  • Home
  • About
  • Archives
  • Submit News
  • Comment Policy
  • Privacy Policy
You are here: Home / udrp / Use It Or Lose It? UDRP Hits New Low

Use It Or Lose It? UDRP Hits New Low

January 30, 2012 by Michele Neylon

Kevin tweeted a link to this decision earlier today and it scared me. It really did.

What’s so scary?

This part of the UDRP decision:

Complainant asserts that Respondent has failed to make an active use of the disputed domain name, constituting bad faith registration and use.  Complainant submits a printout verifying its assertion that the website is essentially inactive.  The only content included on the website is the phrase “Coming Soon” and the prominent display of Complainant’s mark.  Therefore, the Panel finds that Respondent has failed to make an active use of the disputed domain name, which is a clear example of bad faith registration and use under Policy ¶ 4(a)(iii).  See Disney Enters. Inc. v. Meyers, FA 697818 (Nat. Arb. Forum June 26, 2006) (holding that the non-use of a disputed domain name for several years constitutes bad faith registration and use under Policy ¶ 4(a)(iii); see also Am. Broad. Cos., Inc. v. Sech, FA 893427 (Nat. Arb. Forum Feb. 28, 2007) (concluding that the respondent’s failure to make active use of its domain name in the three months after its registration indicated that the respondent registered the disputed domain name in bad faith).

That sounds a lot like saying that an unused domain is being “used” in bad faith. Of course the addition of the complainant’s “mark” on the holding page might have been persuasive, but I wonder would other arbiters view the decision in the same way?

 

 

Filed Under: udrp Tagged With: Bad faith, Computers and Internet, Domain name, Plaintiff, Respondent, Uniform Domain-Name Dispute-Resolution Policy

About Michele Neylon

Michele is founder and managing director of Irish domain registrar and hosting company Blacknight. Michele has been deeply involved in domain and internet policy discussions for more than a decade.
He also co-hosts the Technology.ie podcast.

Primary Sidebar

Recent Articles

ICANN Logo

ICANN Announces Locations for two Future Meetings

DNS Belgium logo

DNS Belgium Opens Call for Registrar Forum

ICANN Logo

ICANN 82 Seattle Full Schedule Available

RIPE Chair and Vice Chair Nominations Open

ICANN Logo

Want to Serve on an ICANN Board or Council?

Recent Comments

  • Jim Davies Threatening Legal Action Against Nominet on Nominet Elections Candidates Announced
  • Paul on Nominet Elections Candidates Announced
  • Snail Mucin on Does the Epik Sale Signal the end of the Saga or just a new Chapter?
  • John Berryhill on Does the Epik Sale Signal the end of the Saga or just a new Chapter?
  • ICANN Gets First Female CEO on Centralnic Head Honcho Announces Immediate Retirement

Categories

Blogroll

  • Alex Bligh
  • Circle ID
  • Domain Incite
  • Domain Name News
  • Domain Name Wire
  • Jason Thompson

Blogs

  • Domain Gang
  • Stéphane Bortzmeyer

Archives

Recent Comments

  • Jim Davies Threatening Legal Action Against Nominet on Nominet Elections Candidates Announced
  • Paul on Nominet Elections Candidates Announced
  • Snail Mucin on Does the Epik Sale Signal the end of the Saga or just a new Chapter?
  • John Berryhill on Does the Epik Sale Signal the end of the Saga or just a new Chapter?
  • ICANN Gets First Female CEO on Centralnic Head Honcho Announces Immediate Retirement

Categories

Blogroll

  • Alex Bligh
  • Circle ID
  • Domain Incite
  • Domain Name News
  • Domain Name Wire
  • Jason Thompson
  • Nigel Roberts

Blogs

  • Domain Gang
  • Stéphane Bortzmeyer

Copyright © 2025 InternetNews.me