[thelist] copyright help

[James S. Huggins (Evolt)]

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I feel the need to jump in here. If you let the domain expire, then whoever
registered it did *not* do it "in bad faith." If you saw business.com com up
for registration because the current owners let it lapse and you registered
it, how would that be "in bad faith"?
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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 quote


[begin quote]
b. Evidence of Registration and Use in Bad Faith. For the purposes of
Paragraph 4(a)(iii), the following circumstances, in particular but without
limitation, if found by the Panel to be present, shall be evidence of the
registration and use of a domain name in bad faith:

(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

(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

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

(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]


"Bad Faith" used in such conversations refers to these specific
circumstances.


James S. Huggins



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