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quick question on bad faith

Discussion in 'Domain Name Disputes' started by Mendis, Mar 22, 2006.

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  1. Mendis

    Mendis Member

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    probably a stupid question but i'm trying to get my head around some stuff ...
    in this quote from a N.A.F hearing

    “Paragraph 4(a) of the Policy provides that, to justify transfer of a domain name, a complainant must prove that …:
    (3) the domain name has been registered and used in bad faith.”

    Does the ‘and’ rather than ‘or’ in this last sentence suggest that a domain can be registered in bad faith as long as it is not used in bad faith and vice versa?”

    Mendis
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. jinxie98

    jinxie98 New Member

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    The NAF ruling you refer to relates to UDRP a policy established in 1999 for global domain names (com net org etc)

    Nominet chose to ignore the wording of UDRP and instead decided to write their own policy in 2001 called DRS .

    UDRP requires that the domain name to have been registered in bad faith AND used in bad faith.
    Nominet DRS requires that the domain name to have been registered in bad faith OR used in bad faith.

    This is a fundamental difference which allows decisions to take away co.uk domain names registered a long time ago, in some cases even before the complainant existed or registered a trademark or simply established "rights" (with DRS the complainant doesnt even have to have a registered trademark).
     
  4. Beasty

    Beasty Active Member

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    Spot on Jinxie - a big difference that has proved very handy for a number of claimants.

    But the DRS does not require "bad faith" - that was explicitly removed in the consultation period - as it is seen as harder to show than "abusive registration".
     
  5. Mendis

    Mendis Member

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    Excellent explanation, thanks, I did think that 'and' was a bit ambiguous, Nominet obviously agreed. I'll have to make sure to read up on some more up to date and relevant examples.
     
  6. texidriver

    texidriver Active Member

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    jinxie98
    Junior Member

    Welcome, you have a wise head on young shoulders.

    but who trashed your reputation !
     
    Last edited: Mar 22, 2006
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