Concept

Legitimate

Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Finally, this Administrative Panel does not

"accept the Complainant’s contention that “it is not possible to conceive of any plausible actual 603 or contemplated active use of the [D]omain [N]ame by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law”. The words in quotation marks come from Telstra Corporation Limited v Nuclear Marshmallows WIPO Case No. D2000- 0003. In the Telstra case, the trademark in question was an invented word. In this case the mark in question is a common word in the English language, with a number of meanings. Unlike the situation in the Telstra case, therefore, it is far from inconceivable that there is a plausible legitimate use to which the Respondent could put the domain name. The Respondent has asserted a legitimate use to which he has put, and intends to put, the domain name. Whilst the evidence provided in support of this assertion is not particularly strong, it is at least consistent with that assertion, and with his overall contention that he did not register and has not been using the domain name in bad faith. The Complainant has thus failed to satisfy the burden of proof on this point."

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Legitimate | Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 | Bifalgorithm | Bifalgorithm