• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar

Domain Industry & Internet News

Domain Name Industry News

  • Home
  • About
  • Archives
  • Submit News
  • Comment Policy
  • Privacy Policy
  • Advertise Hosting & Domain Industry Jobs
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.

Reader Interactions

Primary Sidebar

Recent Articles

domain pulse 2020 logo

Domain Pulse 2020 Registration Open

Namescon Release Preliminary Agenda

RIPE NCC logo (2015 version)

RIPE Hiring Managing Director

IGF logo

IGF 2020 to be Held in Katowice, Poland

ISOC logo

ISOC to Hold Webinar on the PIR Sale

Recent Comments

  • [Axis of Easy] China Introduces Mandatory Face Scans For New Phone Users on Europe has run out of IPv4 Address Space
  • RIPE Hiring Managing Director on Axel Pawlik Steps Down as MD of RIPE NCC
  • Internet Gov Weekly Brief (W48Y19) | Internet Governance News on Europe has run out of IPv4 Address Space
  • Internet Gov Weekly Brief : IGF 2019 Outputs; MAG 2020 appointed; Tim Berners Lee launches Contract for the Web; Europe out of IPv4 Address; – ICANN open public comment……. – Internet Governance updates on Europe has run out of IPv4 Address Space
  • Internet Gov Weekly Brief : IGF 2019 Outputs; MAG 2020 appointed; Tim Berners Lee launches Contract for the Web; Europe out of IPv4 Address; – ICANN open public comment……. – Internet Governance updates on Europe has run out of IPv4 Address Space

Categories

Blogroll

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

Blogs

  • Domain Gang
  • Stéphane Bortzmeyer

Archives

Copyright © 2019 InternetNews.me