Bifalgorithm post · Property · In short, a more substantive use of the word
Bad Faith
Bad Faith (Property · 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…
Ideas in this flowchart
- Whether the domain name was registered and used in bad faith
- Paragraph 4(b)(i) requires proof that the domain name was acquired primarily for sale to the Complainant
- Complainant’s assertion and supporting evidence
- Respondent’s position
- Panel’s assessment of the evidence
- The Respondent allegedly offered to sell the domain name for $25,000
- The Complainant provided no evidence of the alleged communications or offer
- The Respondent admitted offering to sell the domain name only after the Complainant solicited the offer
- The Respondent stated that he acquired the domain name five years earlier in good faith
- Because the price was not disputed, the Panel assumed it was $25,000 or more than the Respondent’s out-of-pocket expenses
- The evidence was consistent with the Complainant’s contention but did not prove it
- The same evidence was equally consistent with the Respondent’s good-faith explanation
- The Complainant failed to meet the burden of proof on bad-faith registration and use
