Re: [gnso-rap-dt] Registration vs. Use / Scope Issues

[George Kirikos <icann+rap@xxxxxxxx>]

Hi again,

Just to followup, not only is WIPO Overview 3.7 relevant, but also 3.1:

http://www.wipo.int/amc/en/domains/search/overview/index.html#31

"3.1 Can bad faith be found if the disputed domain name was registered
before the trademark was registered/common law trademark rights were
acquired?

Consensus view: Normally speaking, when a domain name is registered
before a trademark right is established, the registration of the
domain name was not in bad faith because the registrant could not have
contemplated the complainant’s non-existent right."

Mike Rodenbaugh's views are are inconsistent with the above long
established consensus. If as he wrote " Abuse during that time is an
abusive registration." then this would make reverse domain name
hijackers very happy, as they could register a TM and then go after a
domain name that was registered 10 years BEFORE the TM.

UDRP makes a dual test of bad faith "registration" AND "use" for that
specific reason. While the pro-complainant forces want to eliminate
that word "AND" as I mentioned in my prior post, in order to expand
the number of complaints they can generate, it's obvious that the word
"AND" is there for a very good reason (to protect registrants), the
same reason that the GNSO council intentionally limited the scope of
this group.

Sincerely,

George Kirikos
http://www.leap.com/