Re: [nc-transfer] Re: [ga] WLS Questions

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

> A recent NAF decision is interesting...

...because it is a re-affirmation of panelist Johnson's opinion that a web
site must be in fool bloom immediately upon registration of a domain name.
The name in that case was registered February 27, and the complaint was filed
April 9.  If you aren't using a domain name in a month, then you are a bad
faith registrant, as far as she is concerned.

Other decisions have gone the other way:

http://www.arbforum.com/domains/decisions/98441.htm
In sum, where a party registers a lapsed domain name, and it is not
attempting to use the name to compete with the mark holder or disrupt its
business, we believe that ordinarily the trademark holder should be denied
relief, whether the mark is a common law or registered mark, whether the mark
is "strong" or "weak."

http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0189.html
The Respondent is entitled to conduct a business of capturing generic
trademark names which become available in the marketplace - often through
failure to renew registration.




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