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Legitimacy and Good Faith Undermined by Knowledge of Complainant and its Trademark

Speculating, offering to sell and monetizing domain names composed or dictionary words and descriptive phrases without more are not actionable under the Policy even if respondent fails the right or legitimate interest test. The more is proof of intent at the time of registration to take advantage of complainant’s reputation in the marketplace. Bad faith […]

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Right or Legitimate Interest in a Domain Name Not Defeated by Refusal to Sell

An abusive registration presupposes either an existing trademark or knowledge of its existence when registering the domain name. If the trademark did not exist before the registration of the domain name or if it did but the respondent had no knowledge of it (which means a more probably than not denial of knowledge) then inferentially […]

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