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."