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Develop Your Domains Within 3 Months Or lose them

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Fair enough?

  • This poll is still running and the standings may change.
  • Yes

    votes
    10.5%
  • No

    17 
    votes
    89.5%
  • This poll is still running and the standings may change.

TopShelf Domains

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Impact
147
(Nat. Arb. Forum Feb. 28, 2007) (concluding that respondent’s failure to make active use of its domain name in the three months after registration indicated that respondent registered the disputed domain name in bad faith).
 
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Is this a new rule?
 
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What if a website takes more than 3 months to develop ? You put a "under construction" sign, right ? Hmmmm......you can put this sign anyway I guess...
 
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What if a website takes more than 3 months to develop ? You put a "under construction" sign, right ? Hmmmm......you can put this sign anyway I guess...

No.

Google this:
See Hewlett-Packard Co. v. Rayne, FA 101465 (Nat. Arb. Forum Dec. 17, 2001) site:www.adrforum.com

The problem is that these panelists write these justifications for domain transfers which are obvious signs of bad faith by the name alone, but when it comes time for a complainant's lawyer to convince the panelist why there is bad faith, the lawyer will then use these same cases to justify bad faith in generics or otherwise legitimately registered domains.
 
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If anything, just be ready to defend your use for the domain name. However inconvenient if the situation arises.
 
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(Nat. Arb. Forum Feb. 28, 2007) (concluding that respondent’s failure to make active use of its domain name in the three months after registration indicated that respondent registered the disputed domain name in bad faith).

This is typical when there is an existing trademark. If there is a recognized trademark before the registration/possession of the domain then they do expect you to use it in some way.

I'm not saying it's right or wrong, but it does happen.

It's the mistake everyone makes... use it or lose it.

Use is incredibly easy to establish, but once that UDRP is files you can't retroactively show use. So know your rights and obligations before it's too late.
 
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