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||Sat, September 22, 2001 at 8:30 PM GMT (Sat, September 22, 2001 at 1:30 PM PDT)
||Microsoft Internet Explorer V5.5 using Windows NT 5.0
||If a trademark is generic, it will probably not win the dispute process ...
Badregistrars wrote: |
"It is my undertanding that if I submitted a fake
trademark for cat.biz then regardless of who is the successful registrant, I will
not win cat.biz in any dispute process. (STOP or UDRP) Only a legitimate trademark
will be successful in challenging and winning cat.biz."
I say: I think that the
successful registrant needs only demonstrate a legitimate business use of the domain
name, if generic, to keep it. The mere existence of a generic trademark does
not enable taking the domain from the successful registrant.
"STOP is not intended to replace any national law or the Uniform Domain-Name
Dispute- Resolution Policy ("UDRP"), as adopted by ICANN, and as set forth below.
Although the process is very similar to the UDRP, STOP carries a lower burden of
proof. Unlike the UDRP where a Claimant must demonstrate that a domain name registrant
both registered a domain name in bad faith and used the domain name in bad faith,
STOP allows a Claimant to prevail where he or she demonstrates that a domain name
was either registered in bad faith or used in bad faith."