Introducion an another domain case brought to the ADR Forum with some helpful finding for other cases of famous trademarks.
- If a the owner of a domain has engaged in a pattern of conduct to register domains containing famous trademark and business names to grab and sell these domains this gives a strong indication of bad faith and intent to use the disputed domain name in a way which may be abusive or otherwise detrimental to Trademark Owner rights.
- Offers to sell a domain name to the public generally indicate a respondent does not have rights or legitimate interests in the name under Policy ¶4(a)(ii). See 3M Company v. Kabir S Rawat, FA 1725052 (Forum May 9, 2017) (holding that “a general offer for sale… provides additional evidence that Respondent lacks rights and legitimate interests” in a disputed domain name). The WHOIS information for the disputed domain name indicates the name is for sale. Respondent is not using the domain name for any purpose other than offering a dynamic parking page and advertising the fact the domain name is for sale. Respondent does not have rights or legitimate interests in the domain name under Policy ¶4(a)(ii).
Domain grabbers again should be warned!
Rauschhofer Social