In finding bad faith, the Majority Panel noted that Hackard & Holt was not using the domain name incorporating Actelionâs trademark to provide information regarding any known deleterious effects of TRACLEER and was not conducting litigation against the manufacturer of TRACLEER. Instead, Hackard & Holt was using the trademark in âa subtle ploy to use [Actelionâs] mark to attract customers for other litigation.â Such use, according to the Majority Panel, was evidence of bad faith registration and use of a domain name. The Majority Panel ordered the domain name <tracleerinfo.com> be transferred to Actelion.
