Listing a domain for sale is not bad faith

[mdomain]

UDRP complaint for bilt.net denied at WIPO (Listing a domain for sale is not bad faith)

http://onlinedomain.com/2012/09/07/news/udrp-complaint-for-bilt-net-denied-at-wipo-listing-a-domain-for-sale-is-not-bad-faith/

 

[Ms Domainer]

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"Listing a domain for sale is not bad faith"

I should hope not.

Otherwise, everyone on this forum would be in peril.



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[alien51]

According to the article, quoting from the UDRP decision:

the Panel could not make a finding that the Respondent knew, or ought to have known, of the Complainant when registering and using the disputed domain name and thus bad faith cannot be established

I find it hard to believe, that someone who regged the .NET and has put it FOR SALE on Sedo, would never check if the .COM is available and being used by someone else, before regging the .NET.

He would have known beforehand, that this India company exists. So the Panel's argument here is hard to buy.

While the Respondent may be offering the disputed domain name for sale (and the evidence to support this is not conclusive), there was no evidence to suggest that the Respondent registered the disputed domain name in order to sell it for valuable consideration in excess of his documented out-of-pocket costs directly related to the disputed domain name

This means you can't sell the domain for profit. lol

I dunno, but if this case was posted on the LEGAL SECTION of NP, i'm sure he would be found guilty as charged.

But again, it is interesting to note here that the Respondent did not even offer a defense, and yet he won the case. So you don't exactly need to pay a lawyer, especially if you have nothing much to lose from the domain.

 

[johname]

But on the other hand it looks very much like if the complaint paid a competent udrp lawyer they would have won the case.

Type bilt definition into google and you get:

Definition for bilt:
Web definitions:
Ballarpur Industries Limited (BILT) is a flagship of the US$ 4 bn Avantha Group and India's largest manufacturer of writing and...

 

[alien51]

As with previous lost wipo cases, they could try again next time with a different lawyer.... and a different judge, and they may win the case the next time around.

It's probably why these judges keep earning the WIPO hall of shame. You can keep filing wipo complaints, until you get a judge who would agree with your case.

 

[fivebucksdeals]

Thanks to share this nice tips .

 

[bulkdomainz]

... but why on earth did the complainant not think to register their .net in the first place! For a maximum of $10 (which they could well afford ), they could have saved themselves, the respondent and the panel valuable time! If your .com is valuable to you, it makes sense to only register the next popular extensions that you would not want a 'squatter' or domain reseller to snap up!

A company that can afford to file a UDRP complaint or engage a Solicitor in these matters can afford to $500 towards hand-regging extensions of their names! Had they done this, nobody would have picked up their silly .net!

 

[alien51]

they could have saved themselves, the respondent and the panel valuable time!

Not the panel. The panel gets paid for this, so it's ok for them.

 

[DU]

Misleading thread:

". Panel said that merely listing a domain name for sale, or for possible sale, on the Sedo platform usually is not, of itself , sufficient to demonstrate bad faith registration and use."

If the price is much greater than the $10 paid then it could be. Especially as evidence showing the name was being offered for sale "is not conclusive"

Put a minimum offer of $XXXX and the ruling would likely have been different.