Registration
Lonely Designs said:
You can buy us domains from other people, just cant register them. I own a couple of .us and im from england.
So, are you arguing that buying a domain from a seller is not a registration of that domain? What if I were to buy MicrosoftWindows.us with the specific intent to profit from Microsoft's TM, would you then argue that there was no bad faith registration on my part?
Take a look at:
http://www.nic.us/policies/nexus_requirement.html reads:
U.S. Nexus Requirement
To be in compliance with the U.S. Nexus Requirement, all registrants for the .US domain must be either:
A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or
An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories, or
An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States.
This U.S. Nexus Requirement is intended to ensure that only those individuals or organizations that have a substantive connection to the United States are permitted to register for .US domain names.
Please refer to the usTLD Nexus Requirements Document for more information on the U.S. Nexus Requirement and related dispute policies and procedures.
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This requirement reads "registrants." I would think that the registrant is the one who is listed in the domain's whois as "registrant."
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Go Daddy Domain Name Change of Registrant Agreement also has the same interpretation of registrant. See:
https://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?pageid=DOMAIN_NC
If both Neustar and Godaddy have erred in their interpretation of registrant, then I suppose the next time a domain registrant is in a UDRP proceeding for bad faith registration and use, he or she could raise the defense of hey-I-did-not-register-the-domain, I only bought it from someone else, so . . .I couldn't be guilty of bad faith registration. There you go. Anyone want to sell me some TM-infringing domains? Yeehaa!
