3 ms·
Important to know: negotiating the sale of a domain to a purchaser is evidence of bad faith on the part of the seller because the seller. If a person wants to k
by micks56 17y ago
Important to know: negotiating the sale of a domain to a purchaser is evidence of bad faith on the part of the seller because the seller. If a person wants to keep the domain name, not answering the emails is a better option than asking for any amount of money.
To win via UDRP, the complainant has to prove: 1) the domain name is confusing, 2) there is no legitimate use of the domain name, and 3) bad faith in use.
UDRP is nice because it is administrative and lawyers typically aren't used. You just file paperwork.
However, with the Anti Cybersquatting Consumer Protection Act (ACPA), bad faith is met by proving bad faith in registration, not in use. That is a much easier standard to prevail on.
ACPA is civil litigation. It has more teeth to it when you win and lose, so lawyers are recommended because you may lose your right to appeal if you don't do things correctly during trial.
Also, remember that trademarks only exist when used to identify goods in the stream of commerce. A person does not acquire a trademark simply by registering a domain name. Therefore, old-gregg may own the trademark if he was the first to use it to identify goods in the stream of commerce.
Side note: if your "squatter" is outside the US, you have to use UDRP because you can't get jurisdiction in VA for ACPA when the person isn't in the US.