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Old 07-08-2007, 08:01 PM   #28 (permalink)
dotNetKing
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Re: Individual's Names held by Others?

Quote:
Originally Posted by tas38 View Post
...


What are the criteria for a decision?

.....

iii) the domain name has been registered or used in bad faith.


http://www.sosdomaines.com/index.php?service_id=11
I believe the source you quote made one small but crucial mistake.

"(iii) your domain name has been registered and is being used in bad faith."

http://www.icann.org/dndr/udrp/policy.htm

Note the "and" in the ICANN policy rather than the "or" in the secondary source you quote.

Whether a panel decides to change the "and" to an "or" is a different matter, and it may be that some panels do this. I don't know. The original is clear in meaning though. Both bad faith registration and current bad faith use are required.

Disclaimer: This is my interpretation and is not necessarily correct.
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