Concept

Bad Faith

Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / In short, a more substantive use of the word

"Domain Name Registered and Used in Bad Faith 6.10 The Complainant has not satisfied this Administrative Panel that the Respondent registered and is using the domain name in bad faith. The Complainant asserted that the Respondent offered to sell the domain name to the Complainant for $25,000, but the Complainant provided no evidence in support of this assertion. In particular, the Complainant provided no evidence of the Respondent’s alleged communications with the Complainant on this issue. The Respondent admitted that he offered to sell the domain name to the Complainant, but only after the Complainant solicited that offer. (The Respondent did not specify the price at which he offered to sell the domain name, but he did not dispute the Complainant’s assertion of $25,000, so this Administrative Panel assumes the offered price was for that amount, or at least for an amount in excess of the Respondent’s out -of-pocket expenses.) Although this evidence is consistent with the Complainant’s contention that the Respondent acquired the domain name primarily for the purpose of selling it to the Complainant, as required by paragraph 4(b)(i), this evidence does not prove that. This evidence is equally consistent with the Respondent’s contention that he acquired the domain name five years ago in good faith. In the absence of any evidence whatsoever from the Complainant going to the assertion of the Respondent’s offer to sell the domain name, this Administrative Panel finds that the Complainant has not met the burden of proof on this issue."

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