On Sun, 11 Sep 2005 18:58:38 +0000, Guy Macon
Post by unknownPost by DavidFeel really insulted, basically called me a liar which allowed them to
make up reasons to take the domain! If I'm telling the truth my
understanding is they didn't satisfy the criteria for transferring the
domain.
Section 4(b)(iv) of http://www.icann.org/udrp/udrp-policy-24oct99.htm
I presume? They had no choice; in order to try to take your domain
away they had to accuse you of bad faith.
That's right-
=============================================
b. Evidence of Registration and Use in Bad Faith. For the purposes of
Paragraph 4(a)(iii), the following circumstances, in particular but
without limitation, if found by the Panel to be present, shall be
evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the domain name registration to the
complainant who is the owner of the trademark or service mark or to a
competitor of that complainant, for valuable consideration in excess
of your documented out-of-pocket costs directly related to the domain
name; or
(ii) you have registered the domain name in order to prevent the owner
of the trademark or service mark from reflecting the mark in a
corresponding domain name, provided that you have engaged in a pattern
of such conduct; or
(iii) you have registered the domain name primarily for the purpose of
disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to
attract, for commercial gain, Internet users to your web site or other
on-line location, by creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship, affiliation, or
endorsement of your web site or location or of a product or service on
your web site or location.
=============================================
They based the decision on iv, and it wasn't true. In
alt.internet.search-engines we know how search engines work and as I
didn't use the words Absolut, Vodka or any derivative and the domain
name wasn't hyphenated there is no way the site could attract searches
who were looking for Absolut Vodka type content. The decision was
total bull.
Post by unknownYou weren't able to provide
a good reason why you chose the name absolutxx insead of, say, exxonxx
or microsoftxx or pepsixx. I rather suspect that whoever registered
it first *was* doing so in bad faith.
Your suspicion is probably correct about the original registrant, but
I registered it in good faith because it was PR5 and wanted some cheap
PR (which I didn't get because Google changed the way it treats
expired domain at the same time!).
It was the only expired domain I've registered for PR as well :-)
The reality was there was no bad faith, so I was screwed.
David
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