What is exactly BAD faith in trademarked domains...??

[A G CHAUDHARI]

Hi All,

Many of the peoples worried/ not cleared about the domains, which have trademark infringement.. and there TO DO/ NOT DO things.. All they only get the answers as, It should not fall under BAD FAITH reason..

So, I am opening this thread to get clarification on exactly what are these bad faith reasons .. ?

Share your thoughts..

 

[Dave_Z]

http://www.wipo.int/amc/en/domains/search/overview2.0/

Read "3. Third UDRP Element".

 

[youdoyou]

Basically if you didn't purchase the domain in earnest, i.e. unrelated to the existence or unaware of the owner's existence or potential for confusion or whatever. There are quite a lot of potential examples, but basically you'll know it when you see it. Nearly all reasons dealing with monetary gains while being aware of the bona fide owner can be bad faith unless you also genuinely believed that ownership is up for grabs.

There's no bright line rule for "bad faith" but as a question of fact it's not something you want to fight over. Likelihood of confusion is way easier of an element to win on.

 

[jberryhill]

"Bad faith" is an element of intent. The "bad faith" inquiry is about "why did this person register this domain name?" Was it to take predatory advantage of the trademark, or was it for some other reason.