[thelist] copyright help

[Hugh Blair]

> -----Original Message-----
> On Behalf Of James S. Huggins (Evolt)
>
> In this response, I reference
> http://www.icann.org/udrp/
> and
> http://www.icann.org/dndr/udrp/policy.htm
>
> The term "Bad Faith" is a special term employed in the domain name dispute
> resolution policy.
>
> (i) circumstances indicating that you have registered or you have acquired
> the domain name primarily for the purpose of selling, renting, or otherwise
> transferring the domain name registration to the complainant who is the
> owner of the trademark or service mark or to a competitor of that
> complainant, for valuable consideration in excess of your documented
> out-of-pocket costs directly related to the domain name; or

What "trademark or service mark" was involved?

> (ii) you have registered the domain name in order to prevent the owner of
> the trademark or service mark from reflecting the mark in a corresponding
> domain name, provided that you have engaged in a pattern of such conduct; or

See above...

> (iii) you have registered the domain name primarily for the purpose of
> disrupting the business of a competitor; or

What business was involved?

> (iv) by using the domain name, you have intentionally attempted to attract,
> for commercial gain, Internet users to your web site or other on-line
> location, by creating a likelihood of confusion with the complainant's mark
> as to the source, sponsorship, affiliation, or endorsement of your web site
> or location or of a product or service on your web site or location.
> [end quote]

What "mark" or "product" or "service" was involved?
>
> "Bad Faith" used in such conversations refers to these specific
> circumstances.

And you are correct. If the original poster (Martin Kuplens-Ewart) points out
that there was a trademark/service mark/product/service associated with the
domain name in question, then he would be right in pursuing its return. If not,
then he has nothing to stand on. Besides, the original point I was making was:
the owner of a domain name has the responsibility to keep it current. Letting
it lapse - then complaining that someone 'took' it from him - is invalid.

-Hugh