Friday, November 16, 2007

NAF Overview - Part 4

When trying to show bad faith, some of the most common examples (as noted at http://domain.adrforum.com/users/icann/resources/UDRPModelComplaint2.rtf ) are:

1) If the Respondent has registered or has acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant or to a competitor of that Complainant, for an amount in excess of the Respondent's documented out-of-pocket costs for the domain name; or

2) If the Respondent has registered the domain name to prevent the Complainant from registering the domain AND there is a pattern of this behavior; or

3) If the Respondent has registered the domain name primarily to disrupt the business of Complainant, who may be a competitor; or

4) If the Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's 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 Respondent's web site or location or of a product or service on Respondent's web site or location.

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