08-04-2004, 05:09 PM
| #1 (permalink) |
| Platinum Lifetime Member  Last Online: 08-31-2007 01:35 AM iTrader: (0) Join Date: Jul 2002
Posts: 1,140
DNF$: 3,049 Location: Wisconsin  | UDRP and bad faith One of the primary components of winning a UDRP is being able to prove that a domain was registered AND currently being used in bad faith. And yet I am pretty sure there were some cases where the domain was registered in good faith, but currently being used in very bad faith, and the courts decided to find for the complainant. I think Nissan.com was one of these situations, but I might be getting confused. Anyway here is my question...do complainants still have to prove that a domain was registered AND used in bad faith? Or has past precedent done away with this requirement? It seems an obsolete and outdated requirement, if I had registered Amazon.net in 1992 in order to provide info on the amazon jungle, and then switched to selling books on my domain in 2000, I don't think panelists should tolerate that sort of buffoonery. |
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08-04-2004, 05:18 PM
| #2 (permalink) |
| Account Terminated  Last Online: 05-08-2009 02:24 PM iTrader: (1) Join Date: Jul 2002
Posts: 3,677
DNF$: 8,156 Location: MN
Country:  | Re: UDRP and bad faith Ok, I'm confused .. you dont think UDRP should put up wiht your buffoonery of changing the theme of your site from jungles to selling books ! lol Help me understand this dragon.. |
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08-04-2004, 05:38 PM
| #3 (permalink) | |
| Platinum Lifetime Member  Name: Ben Last Online: 09-08-2009 12:07 PM iTrader: (26) Join Date: Apr 2003
Posts: 691
DNF$: 512 Location: Tampa
Country:    | Re: UDRP and bad faith Quote:
__________________ Taking hiatus from domains for a bit. | |
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08-04-2004, 10:06 PM
| #4 (permalink) |
| Platinum Lifetime Member Last Online: 08-31-2007 01:35 AM iTrader: (0) Join Date: Jul 2002
Posts: 1,140
DNF$: 3,049 Location: Wisconsin | Re: UDRP and bad faith I don't really understand your question, I literally mean exactly what you said, that UDRP panelists shouldn't tolerate someone who registered a domain in good faith (such as to provide info on the amazon jungle) and then switched to bad faith ( selling books using the word Amazon). |
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08-04-2004, 10:18 PM
| #5 (permalink) | |
| Account Terminated Last Online: 05-08-2009 02:24 PM iTrader: (1) Join Date: Jul 2002
Posts: 3,677
DNF$: 8,156 Location: MN
Country: | Re: UDRP and bad faith Quote:
I didnt see the word "IF" :emba: as in IF you had registered amazon.net for goodfaith then after a couple years change it over or sell books.. I thought you said you "DID" as in register amazon.net etc... Now if you'll excuse me ..I'm going to hit the bartender up for last call  | |
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08-06-2004, 11:55 PM
| #6 (permalink) | |
| Platinum Lifetime Member Last Online: 06-27-2009 03:38 PM iTrader: (2) Join Date: Dec 2002
Posts: 756
DNF$: 1,232 Location: Madison, WI  | Re: UDRP and bad faith Quote:
If he switches to books and is now infringing, it shouldn't be tolerated. I think everyone is in agreement. I don't remember any decisions in which the infringement was tolerated simply because it was recent and not when it was registered, and it doesn't sound like their typical response.
__________________ Dan Norder Werewolves.com, Inklings.com, OtherWoman.com and more | |
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08-07-2004, 02:47 PM
| #7 (permalink) |
| Platinum Lifetime Member Last Online: 08-31-2007 01:35 AM iTrader: (0) Join Date: Jul 2002
Posts: 1,140
DNF$: 3,049 Location: Wisconsin | Re: UDRP and bad faith Dan, if that is true, then it seems logical that ICANN should change the UDRP criteria to remove the 'registered in bad faith' clause and keep the 'used in bad faith' one. There shouldnt be a mismatch between the written regulations and the way they are enforced. |
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