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Username: InternetAdvocate
Date/Time: Sat, September 22, 2001 at 8:30 PM GMT (Sat, September 22, 2001 at 1:30 PM PDT)
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: If a trademark is generic, it will probably not win the dispute process ...

Message:
 

 
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.

Neulevel's website states:
"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."

 

Link: http://www.neulevel.biz/countdown/disputePolicies.html


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