Managing Mission-Critical Domains and DNS by Mark Jeftovic

Author:Mark Jeftovic
Language: eng
Format: epub, mobi, pdf
Tags: COMPUTERS / Security / General
ISBN: 9781491907672
Publisher: O’Reilly Media
Published: 2014-12-16T16:00:00+00:00

What is “Bad Faith” ?

Other than a great name for a rock band, “bad faith” is a required element of any successful UDRP or URS proceeding. The URS cites a non-exclusive set of “bad faith” conditions, including:

Illegitimate gain

That means Registrant has obtained the domain primarily for the purpose of profiting from the domain (via sale, rent or otherwise transferring it) to the Complainant or to a competitor of the Complainant. This is important. Offering a domain name for sale does not in itself amount to bad faith. There has to be a specific impetus to somehow gain from the Complainant’s own marks. Offering a domain for sale that happens to coincide with a Complainant’s mark, but either predates it (was registered before the trademark) or also has other legitimate uses or connotations is not bad faith.

Blocking / Denial of Service

Registration of a domain in order to specifically deny a rightsholder from obtaining it. Grabbing “google.somenewtld” would qualify here, especially if it were done by say, Bing. But that said, if somebody registered oreilly.blargh and their name, or business really was O’Reilly, then it would not.

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