3 letters.com UDRP Refused

[dom35]

After the bad news of a previous UDRP accepted now there is a new one that goes in the opposite direction.

http://arbiter.wipo.int/domains/decisions/html/2006/d2006-0662.html

 

[DNQuest.com]

It isn't opposite direction, the panel took the facts and made a correct call. The respondant showed it had interent in the name. The respondant showed it was not bad faith. In previous decision, the respondant could not do so. This is why it is said each case is based on its own merits and uasge plays a very important part in deciding UDRPs.

 

[Keynes]

Phil is absolutely right here -- intent, intent, intent -- use in good faith is the key to domain IP rights.

 

[DNQuest.com]

actually... it is usage, usage, usage... intent means nothing.

 

[AdoptableDomains]

actually... it is usage, usage, usage... intent means nothing.

Intent as evidenced by usage is even better.

:tu:

 

[fonzie_007]

actually... it is usage, usage, usage... intent means nothing.

Based on the few decisions I have read, intent matters when attempting to prove bad faith. Specifically, your intent when you acquired or registered the domain is important.

See: http://arbiter.wipo.int/domains/decisions/html/2005/d2005-1033.html
Re: HDI.com

An excerpt from the opinion:

This panel agrees with the panelists in the Emilio Pucci and Builder’s Best cases, that the relevant bad faith must be specific to the Complainant, or at very least that the Respondent must have “had the Complainant in mind” when he registered the Domain Name. In the Panel’s view, the evidence does not take the Complainant that far. In fact there is no evidence that the Respondent was even aware of the Complainant or its HDI mark when he registered the Domain Name.

 

[DNQuest.com]

Intent is important for the complainant, they must supply the burden of proof for bad faith intent. From our standpoint, usage is much more important than intent, but it can play a part.

I will admit, I was trying to be funny when I said intent means nothing, I was just razing Rocket. Since I do like to correct misinformation, I stand to be corrected here.