26 June 2013

UDRP and Domain names with advertising or PPC links

BuyDomains.com Loses UDRP On 10 Tear Old Domain Name Frize.com | TheDomains.com: "There are a number of UDRP decisions which have addressed the resale of domain names, or the use of domain names for websites with advertising or PPC links. The panel in Media General Communications, Inc. v Rarenames, WebReg, WIPO Case No. 2006-0964 summarized some of the relevant principles as follows:
“These practices are most likely to be deemed legitimate under the Policy when:
- the respondent regularly engages in the business of registering and reselling domain names, and/or using them to display advertising links;
- the respondent makes good-faith efforts to avoid registering and using domain names that are identical or confusingly similar to marks held by others;
- the domain name in question is a “dictionary word” or a generic or descriptive phrase;
- the domain name is not identical or confusingly similar to a famous or distinctive trademark; and
- there is no evidence that the respondent had actual knowledge of the complainant’s mark.”
Here, the Respondent is clearly in the business of registering and reselling domain names, as well as using them to display advertising links." (more at link above)

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