held that registration and passive holding of a domain name which has no other legitimate use and clearly references a complainant s trademark may constitute registration and use in bad faith In this case it is clear that the Respondent has

No D2009-1529 noting that passive holding of a disputed domain name does not constitute a legitimate use of such domain name that would give rise to a right or legitimate interest in the name c The Respondent has registered and is using the

relies on the Respondent s passive holding of the Domain Name and the fact that the Respondent has placed no content on a website at www.hexmon.com as establishing bad faith registration and use The Complainant also alleges that the Respondent

contact the trademark holder passive holding does not as such prevent a finding of bad faith The panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith Examples of what may be cumulative

faith under the doctrine of passive holding While panelists will look at the totality of the circumstances in each case factors that have been considered relevant in applying the passive holding doctrine include i the degree of distinctiveness or

faith under the doctrine of passive holding It depends on the facts of the case and the failure of the Respondent to provide any evidence of actual or contemplated good-faith use is a relevant factor The Response concedes that it could be viewed

bad faith Respondent is both passively holding the disputed domain name and attempting to sell the domain name as indicated by Respondent s website Respondent also failed to respond to Complainant s cease and desist letters Finally Respondent had

�被投诉人被动持有 passive holding 。 5 � 事人双方主张 A 投诉人 投诉人（及其前身）早在1883年就已开始制造并� �� �Marlboro香烟。投诉人认为通过其多年宣传�'�使� �，该商标已广为人知。

that the Domain Name by being passively held was registered in bad faith is misconceived and unsupported by UDRP precedent The concept of passive holding allows panels to find that a domain name has been used in bad faith in circumstances where

�被投诉人被动持有 passive holding 。 5 � 事人双方主张 A 投诉人 投诉人主张，投诉人在美国持续使� � Philip Morris 的名称已超过百年，通过其长时间的宣传�'�使� �， Philip Morris

Panel Decisions in regard to passive holding of a domain the Respondent observes that these cases were uncontested This applies equally to Case 101459 where there was a construction page Regarding absence of use the Respondent adds to what he has

contact the trademark holder passive holding does not as such prevent a finding of bad faith and the panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith In this case the Complainant �s

used in bad faith despite passive use because the fame of the BHP BILLITON mark infers that the Respondent applied for it with knowledge of the Complainant s interest and knowing that the Respondent had no such interest Reference was made in

�被投诉人被动持有（ passive holding ）。 5 � 事人双方主张 A 投诉人

than eight years ago this passive holding has blocked Complainants from registering the disputed domain name B Respondent Respondent did not reply to Complainants � contentions 6 Discussion and Findings 6.1 Procedural Matters The Complaint

faith under the doctrine of passive holding While panelists will look at the totality of the circumstances in each case factors that have been considered relevant in applying the passive holding doctrine include i the degree of distinctiveness or

mera detenzione passiva c.d passive holding di un nome a dominio può costituire in presenza di ulteriori circostanze a prova della malafede del registrante un utilizzo in malafade ai sensi della Policy Il Collegio ritiene quindi di poter

FA 95095 Forum July 31 2000 holding that Respondent s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true see also Talk City Inc v Robertson D2000-0009 WIPO Feb 29 2000 In the absence

present matter the fact of passive holding alone is not sufficient to indicate bad faith The disputed domain name was only registered on March 29 2017 That is less than 2 months prior to the Complaint being filed It is perfectly understandable

contact the trademark holder passive holding does not as such prevent a finding of bad faith The panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith Examples of what may be cumulative