WHEN INACTION IS BAD FAITH: THE NEW IMPLICATIONS OF A FAILURE TO SEARCH

摘要

By now, most practitioners recognize that to prevail under the Uniform Dispute Resolution Policy (UDRP or Policy), a complainant must establish not only that the challenged domain name is identical or confusingly similar to its trademark, and that the registrant has no rights or legitimate interest in that domain name, but further, that the registrant's registration and use of the domain name was in bad faith. Section 4(b) of the Policy details a series of four nonexclusive scenarios that satisfy the bad faith requirement. The growing body of case law decided under the Policy suggests that the variety of scenarios satisfying the bad faith requirement are continuing to evolve and expand to meet the challenges created by cybersquatters.