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GoDaddy customer service : Should I buy GoDaddy?? The 9 factors for determining "Bad Faith" from 15 USCS 1125

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"Bad Faith" has been thrown around a lot, so I tried to find something "straight from the horse's mouth" for those that doubted earlier explanations.

These were the 9 factors used in the "Lucentsucks.com" case that some believe also lend support to the idea of domain names as property, which is somewhat disputed atm.

Of course this is US law, and typical caveats apply.

(B) (i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to.

(I) the trademark or other intellectual property rights of the person, if any, in the domain name;.

(II) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person;.

(III) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services;.

(IV) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name;.

(V) the person's intent to divert consumers from the mark /img/avatar4.jpg's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;.

(VI) the person's offer to transfer, sell, or otherwise assign the domain name to the mark /img/avatar4.jpg or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct;.

(VII) the person's provision of material and misleading false contact information when applying for the registration of the domain name, the person's intentional failure to maintain accurate contact information, or the person's prior conduct indicating a pattern of such conduct;.

(VIII) the person's registration or acquisition of multiple domain names which the person knows are identical or confusingly similar to marks of others that are distinctive at the time of registration of such domain names, or dilutive of famous marks of others that are famous at the time of registration of such domain names, without regard to the goods or services of the parties; and.

(IX) the extent to which the mark incorporated in the person's domain name registration is or is not distinctive and famous within the meaning of subsection (c)(1) of section 43 [subsec. (c)(1) of this section]..

(ii) Bad faith intent described under subparagraph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful..

(C) In any civil action involving the registration, trafficking, or use of a domain name under this paragraph, a court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the /img/avatar4.jpg of the mark..

(D) A person shall be liable for using a domain name under subparagraph (A) only if that person is the domain name registrant or that registrant's authorized licensee..

(E) As used in this paragraph, the term "traffics in" refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration.

-Allan..

Comments (10)

Nice list.

The easiest way of determining bad faith is if the registrant has to go to a public forum and submit a thread along the lines of:.

'Is this classed as bad faith?'..

Comment #1

Thanks Allen that was helpfull information in clearing up a lot of notions being tossed around...

Comment #2

This link to the SEDO domain law page explains it very clearly and completely also http://www.sedo.com/legal/index.php4...43&language=us..

Comment #3

As I have been saying for how long now???? lol.

That is very good info Allan, thanx...

Comment #4

I think this should be stickied, dont you DNQuest?..

Comment #5

The sedo link is actually VERY informative and well laid out...

Comment #6

IAASThanks for the post. While I'm not a fan of reading statutes, this is certainly one that all domainers should read. I concur this should be stickiedat least for a few weeks...

Comment #7

No sticky; just good to have as a reference..

I've got this and a few others bookmarked on lexisnexis.com , and I might suggest that as you find new primary sources you do the same.

-Allan..

Comment #8

For the "newbies" here: guess what's the most important word in the factors.

Listed by Allan...

Comment #9

This is indeed a great article..havent got around reading it but am also trying to figure what are the possible legal encounters to domainers..

Rep added!.

Possible legal encounters in domaining.

I am new into this domain field but would like to get feedback or seek more knowledge on domains /domaining possible legal issues that could ever happen to a domain owner. Trademark.

Firstly I am aware I cant register any Trademark domains or trademark related domains or use them in bad faith to the trademark company..this is one of the highly probable issues I might encountered if I have those domains..

Example: MikeRoweSoft.com Vs Microsoft.com.

Paypalsucks.com vs paypal.

Cybersquatting.

What other possible legal problems I may encountered apart from this.how bout cybersquatting..what defines cybersquatting and are we domainers who have few hundred domains are related to this issue?and what possible legal issues would we face? On-lease domains (is that what it's called?).

When we have a domain name.and rent it to other person.Are we liable to any legal disputes arising from that domain name.Eventhough if we have a contract excusing n limiting our liability or clause to protect the owner.are we really 100% safe? What possible problems could we face? Domain thieves.

Somebody steals your domain n transfer to their account by some way whether under table wif registrar, or hooked up wif employees in that registrar, or hacking or somehow.Are we 100% guaranteed to get it back? or what other possible matters link to this issue..

(i heard sex.com was stole from the original owner before n somehow went tru a long judicial process to get it back, not sure about this just browse tru the story once).

Hacked your website.

A domain owner developed the domain name into a website lets say , some celebrity fans site in good faith with Jlo's permisson like some official online fan club website or if without Jlo permission , an unofficial website but in good faith of her..

.however laters someone hacked in n hijacked the website causing defamation or posing unauthorised pictures to the celebrity itself.example jenifferlop*z.comn domain owner unaware of this happening n when he find out tried to recitify the problem but words has spread among the traffics thats always come to the website causing defamation n in bad faith to Jlo.Jlo got the news n came to seek legal remedies n compensation and sue the domain owner when his website was hijacked.So what could be the possible problems.. trademark issues.

Example like Boss.com.

Boss can be a famous perfume or clothesware company. but Boss.com is a website on business owners bosses website..club or premium websites only for top bosses around the world or smth like that n of no related in boss company .. CAn the Famous boss company come n claim the domain name boss.com away from the original owners,.( I dun think so right or else I will trademark my company sex.com n go acquire sex.com legally) Another question someone asked me n I am not 100% sure about this.although I tot I can be right...

IF I register a new domain.. lets say.. LetsEnjoySmoking.com then I sold it to a end user at $50. I transfer the domain to that person n that domain is no longer mine.the end user bought the domain name , apparently a ciggarettes brand company.trying to advertise n push smoking as a habit or something which later causes a high rate of ppl dying from diseases or cancer or live shorter due to extensive smoking n later put a blame on the company n say that they promoted us to smoke more or enjoy smoking or make it a habit, it's good! etc like that n sue the letsenjoysmoking.com domain owner n company. Will we get included into the legal issues. or it's non related to us. or what if they say I regged the domain gave them this idea.idea that many reasonable man would think wif the domain name sentence.Will I be liable in anyway?.

This are the few doubts I have in mind so far coz I am still new into this field... What other problems can we face as domainers.. Mind to share your experience or if you have any information regarding domain legal issues, please post it here and share..n if you knwo the answers to the above issues kindly reply as well....

Comment #10


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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