Cybersquatting & Domain Dispute Lawyer Attorney Law Firm - Nominet Domain Expert Focuses On 'Use Element' In Transferring Domain myspace.co.uk

« Why Does the ACPA Preclude Domain Registration of Trademarks? What Makes Domain Names So Special? | Main | ICANN Policy: ICANN Unanimously Votes to Change Policy To End Domain Tasting »

2008.01.29

Comments

This decision jeopardizes one of the most powerful defenses a respondent has in a UDRP: the respondent's rights to the domain name predated the trademark holder's rights. This defense usually negates any possibility of bad faith registration.

This decision makes clear that bad faith use coupled with no legitimate website can cause a respondent to lose a UDRP. As such, the wilful blindness of the respondent (i.e. I didn't know what the software was doing) may become a distant memory. Ultimately, domainers beware, it may be time for you to consult with a cybersquatting attorney in order to avoid losing your valuable domains, or even worse, being labeled a cybersquatter.

The comments to this entry are closed.

Official Trademark Clearinghouse Agent