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Username: LegalEagle
Date/Time: Sat, January 5, 2002 at 11:25 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: good point


It's been a while since I've read the Neulevel policy agreement, and no doubt I'll reread it for work soon, but from memory this information could be very useful during STOP arbitration (and possibly beyond ...) for Group II and III names (which will now be released later this year).

In STOP, if you had the trademark for the name and then someone else ends up getting it (quite possible through Neulevel's second-chance registration system), then if you could prove that they were simply going to resell it immediately (by showing them the aftermarket sales attempt), then you would undoubtedly win back the name as this is all that's required for STOP's proof of bad faith.

I believe there are a lot of false trademark claims in STOP anyway, so even if you do successful register a .biz name (without a trademark) and another company initiates STOP proceedings against you (because they pre-registered with a 'supposed' trademark), if they cannot prove that they own a registered trademark, this would be enough to show the bad faith of the complainant and you would retain the name.

You could probably use this in evidence if you had a prior-use registered trademark in UDRP, also.

However, I can't remember this resale restriction for Group I names and names since registered. Can you remember where in the policy you read this? AFAIK when registrants are shown to have no interest in a domain other than resale in STOP mediation, this would demonstrate bad faith and that's why proof of attempts to sell it (whether successful or not) would be useful for the other party.

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